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.
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.
Judge(s): Per Curiam
Jurisdiction: U.S. Court of Appeals, Second Circuit
|Circuit Court Judge(s)|
|Trial Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Emily Chang||Friedman Kaplan Seiler & Adelman LLP|
|Alexander Levi||Friedman Kaplan Seiler & Adelman LLP|
|Mary Mulligan||Friedman Kaplan Seiler & Adelman LLP|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Preet Bharara||U.S. Department of Justice|
|Daniel Richenthal||U.S. Department of Justice|
|Brent Wible||U.S. Department of Justice|