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United States v. Sistrunk

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[PUBLISH]

Before BARKETT and MARCUS, Circuit Judges, and HOOD,*fn1 District Judge.

Tavaris Sistrunk appeals his conviction by a jury of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). He argues that: (1) the district court erred by ruling, as a matter of law, that the entrapment defense did not apply to 18 U.S.C. § 922(g)(1) because it is a strict liability offense; (2) that withdrawal of the entrapment instruction with respect to 18 U.S.C. § 922(g)(1) violated Fed.R.Crim.P. 30; and (3) that the district court erred by giving the jury a modified Allen charge after the jury informed the court that they were deadlocked. The government argues that, irrespective of whether the entrapment defense is applicable to 18 U.S.C. § 922(g)(1), there was insufficient evidence to support submitting the entrapment defense to the jury as to Sistrunk. With respect to the Allen charge, the government argues that the modified charge, taken from the pattern instructions, was not per se coercive, and was not coercive under the circumstances of this case. For the reasons set forth below, we AFFIRM the conviction.

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