United States v. Bowling

770 F.3d 1168 (2014)

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United States v. Bowling

United States Court of Appeals for the Seventh Circuit
770 F.3d 1168 (2014)

  • Written by Rose VanHofwegen, JD
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Facts

James Bowling (defendant) faced one felony and several misdemeanor charges. The court informed him that the felony carried a sentence over one year. Before trial, the prosecutor offered to dismiss the felony if Bowling pled guilty to the misdemeanors. The court rescheduled the trial date, but Bowling did not officially enter his plea until three months later. Meanwhile, Bowling attempted to buy a gun. When he filled out the required federal Bureau of Alcohol, Tobacco, Firearms and Explosives form, he denied being under indictment for crimes carrying a sentence over one year. As a result, the federal government (plaintiff) charged Bowling with making a false statement in connection with buying a gun in violation of 18 U.S.C. § 922(a)(6). The state prosecutor testified that the felony charge remained pending at the time. Bowling’s attorney tried to question the state prosecutor about the plea deal he offered Bowling and the rescheduled trial date, but the court did not allow him to submit that testimony to the jury. Instead, Bowling’s counsel made an offer of proof showing what the prosecutor would have said. The jury convicted. Bowling appealed.

Rule of Law

Issue

Holding and Reasoning (Manion, J.)

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