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United States v. Miles

United States Court of Appeals, Second Circuit

April 10, 2014

UNITED STATES OF AMERICA, Appellee,
v.
ROBERT LEE MILES, a/k/a ROBERT LEE, Defendant-Appellant

Argued, March 28, 2014

Page 486

Appeal from a March 27, 2013 judgment of conviction and sentence entered in the United States District Court for the Southern District of New York (John F. Keenan, Judge) following a bench trial on stipulated facts. We AFFIRM the district court's judgment and sentence.

ALEXANDER D. LEVI (Mary E. Mulligan, Emily L. Chang, on the brief), Friedman Kaplan Seiler & Adelman LLP, New York, NY.

DANIEL C. RICHENTHAL, Assistant United States Attorney (Brent S. Wible, Assistant United States Attorney, on the brief), for Preet Bharara, United States Attorney for Southern District of New York, New York, NY.

Before: WESLEY AND CARNEY, Circuit Judges; AND RAKOFF, District Judge.[*]

OPINION

Page 487

Per Curiam

Robert Lee Miles a/k/a Robert Lee (" Miles" ) appeals from a March 27, 2013 judgment of conviction and sentence entered in the United States District Court for the Southern District of New York (John F. Keenan, Judge ) following a bench trial on stipulated facts. The district court found Miles guilty of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and sentenced him to the mandatory minimum term of fifteen years under the Armed Career Criminal Act (" ACCA" ). 18 U.S.C. § 924(e). We conclude that the district court did not err in denying Miles's motion to invoke entrapment by estoppel; in finding that an " innocent possession" defense was unavailable; in finding the police had probable cause to arrest and frisk Miles; and in sentencing Miles under the ACCA. We therefore AFFIRM the district court's judgment of conviction and sentence.

BACKGROUND

At approximately noon on January 19, 2011, New York City Police Department (" NYPD" ) officers stopped Miles on a subway car after he walked through the end doors of the subway car while the train was stationary. During the frisk that followed, the officers found an unloaded revolver in Miles's waistband. The officers proceeded to arrest Miles, who had previously been convicted of numerous state felony offenses--two violent--and a serious drug offense. Upon arrest, Miles stated that a friend had given him a gun in order for Miles to collect money through a gun amnesty program, in which individuals bring firearms to police precincts in exchange for $100.

Miles was then indicted on one count of knowing possession of a firearm under 18 U.S.C. § 922(g)(1). In pre-trial motions, Miles sought various forms of relief, including: (1) dismissal of the indictment under the " innocent possession" defense, or, in the alternative, an order permitting the jury to consider the defense; (2) dismissal of the indictment on the ground of entrapment by estoppel, or, in the alternative,

Page 488

an order permitting the jury to consider the defense; and (3) ...


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