U.S. v. Kindle

Federal 7th Circuit Court
Criminal Court
Case Number: 
Nos. 10-3725 et al. Cons.
Decision Date: 
September 26, 2012
Federal District: 
N.D. Ill., E. Div.
Affirmed and dismissed in part
In prosecution on drug conspiracy charges stemming from sting carried out by ATF officials in which ATF agent planned with defendant and others to rob non-existence drug stash-house, Dist. Ct. did not err in granting govt. motion in limine to preclude defendant from presenting entrapment defense. Govt. proffered evidence that defendant had criminal reputation that included several prior convictions, and defendant otherwise disclosed prior history of participating in stash-house robberies. Moreover, while defendant claimed that ATF agent pressured him to participate in planning for stash-house robbery by displaying gang tattoo, defendant failed to show how such display forced him to commit crime he was not pre-disposed to commit. Fact that agent initiated contact with defendant and repeated solicitation to rob stash-house did not entitle defendant to entrapment defense. (Partial dissent filed.)