United States v. Bowling
United States Court of Appeals for the Seventh Circuit
770 F.3d 1168 (2014)
While still technically under felony indictment (though a prosecutor had offered to dismiss the felony if he pled guilty to related misdemeanors, with a plea not formally entered until three months later), James Bowling (defendant) attempted to buy a gun and denied on the required federal form being under indictment for a crime carrying over a year's sentence; he was charged with making a false statement in a gun purchase under 18 U.S.C. § 922(a)(6). The trial court refused to let Bowling's attorney cross-examine the state prosecutor about the plea deal and rescheduled trial date, though counsel made an offer of proof; the jury convicted, and Bowling appealed.
Whether a defendant charged with knowingly making a false statement in a gun purchase is entitled to present a mistake-of-fact defense, supported by cross-examining a state prosecutor about a pending plea offer, to negate the required knowledge and specific intent elements.