01-1203 U.S. v. Inglese

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“In the present case, the record is replete with evidence for the jury to conclude that both Inglese and Baumhardt were deliberately ignorant. For example, Officers Kelly and McClain both testified that they told Inglese and Baumhardt that Officer McClain did not possess an FOID card, but on several occasions, Officer McClain paid for guns that were purportedly being purchased by Officer Kelly. Further, Webb’s testimony indicated that Smith pointed out certain guns, directed Webb to ask questions about these guns, and paid for the guns, even though Webb filled out the paperwork.

Finally, Officer Korzeniewski testified that he made several self- incriminating comments, such as that he was going to get even with whomever ratted him out, and that Inglese still put down “sales” as his occupation on the paperwork. In the face of these suspicious circumstances, Inglese and Baumhardt did not ask any follow-up questions or take any action to find out whether straw purchases were occurring. In fact, Inglese testified that as long as the FOID cardholder told him that the guns were for him, he would not ask any follow-up questions. Thus, as in Wilson and Craig, Inglese and Baumhardt’s failure to take any action in the face of the suspicious circumstances that were presented to them warranted the giving of an ostrich instruction.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Marovich, J., Kanne, J.