Firearms – Jury instructions

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U.S. Court of Appeals For the Seventh Circuit

Criminal

Firearms – Jury instructions

Where the defendant initially answered that he had been convicted of a crime of domestic violence, and then changed his answer, after the computer prompted him to review his answers, the court properly gave an ostrich instruction at his trial for knowingly making a false statement in connection with a firearm.

“[T]he computerized version of the form invited Pierotti to learn more about question 11-i once the computer sent the form back to him for his review. The instructions link was clearly presented, in regular-size type, and located immediately below the question Pierotti claims gave him so much trouble. Given the context of his choice to change his answer—recall his statement that he initially clicked ‘Yes’ because he remembered his prior misdemeanor—and viewing this evidence in the government’s favor, it was not error for the district judge to provide the ostrich instruction over Pierotti’s objection.”

Affirmed.

13-3096 U.S. v. Pierotti

Appeal from the United States District Court for the Eastern District of Wisconsin, Adelman, J., Wood, J.

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