United States v. Emilio Bruscantini, 761 F.2d 640 (11th Cir. 1985). · Go Syfert
United States v. Emilio Bruscantini, 761 F.2d 640 (11th Cir. 1985). Cases Citing This Book View Copy Cite
71 citation events (11 in the last 25 years) across 20 distinct courts.
Treatment trajectory · 1987 → 2026 · click a year to view as-of
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At page 641 Determining conviction status of nolo contendere plea23 citing casesnolo contendere with adjudication of guilt withheld is a conviction under 18 U.S.C. § 922 (b) (1982)2 citing courts put it this way · 21 listed here · 1 cautionary
  • State v. Fogarty, 607 A.2d 624 (N.J. 1992).published Cited "but see" · 2 cites
    (identical situation as Brady but declining to apply Cox and Raley because no entrapment when government that advises is not the same as government that convicts)
  • State of Iowa v. Nathan Daniel Olsen, 848 N.W.2d 363 (Iowa 2014).published 3 cites
    (nolo contendere with adjudication of guilt withheld is a conviction under 18 U.S.C. § 922 (b) (1982))
  • United States v. Exec. Recycling, Inc., 946 F. Supp. 2d 1130 (D. Colo. 2013).published
    See United States v. Rector, 111 F.3d 503, 506 (7th Cir.1997); United States v. Etheridge, 932 F.2d 318, 322 (4th Cir.1991) (to permit the entrapment by estoppel defense on federal charges when misstatements were made by state officials “w…
  • United States v. Bader, 678 F.3d 858 (10th Cir. 2012).published 2 cites
    See United States v. Stults, 137 Fed.Appx. 179, 184 (10th Cir.2005) (holding that defendant did not present a plausible claim of entrapment by estoppel where it was based upon the representations of a state probation officer and a state ju…
  • United States v. Mayico Alphonso Golden, 284 F. App'x 646 (11th Cir. 2008).unpublished
    See United States v. Funches, 135 F.3d 1405, 1407 (11th Cir.1998); United States v. Bruscantini, 761 F.2d 640, 641-42 (11th Cir.1985), superseded by statute on other grounds, see United States v. Fernandez, 234 F.3d 1345 , 1347 n. 2 (1 lth…
  • United States v. Larry Arthur Ormsby, 252 F.3d 844 (6th Cir. 2001).published
    The district court’s determination that the defense was not available here is consistent with several unpublished decisions of this court, as well as the decisions of a number of other circuits.- See, e.g., United States v. Funches, 135 F.…
  • United States v. Sergio Alberto Ortegon-Uvalde, 179 F.3d 956 (5th Cir. 1999).published 2 cites
    “The estoppel argument was held to establish a valid defense in Cox v. Louisiana, 379 U.S. 559 . . . (1965) and Raley v. Ohio, 360 U.S. 423 . . . (1959).” United States v. Bruscantini, 761 F.2d 640, 641 (11th Cir. 1985).5 The district cour…
  • United States v. Stewart, 185 F.3d 112 (3d Cir. 1999).
    See Hurst, 951 F.2d at 1499-1500 ; United States v. Etheridge, 932 F.2d 318, 320-21 (4th Cir.1991); United States v. Bruscantini, 761 F.2d 640, 641-42 (11th Cir.1985). 6 .
  • United States v. Allen W. Stewart, in Nos. 98-1260 United States of Am. v. Allen W. Stewart, in Nos. 98-1302 United States of Am. v. Allen W. Stewart, in Nos. 98-1541 United States of Am. v. Allen W. Stewart, in Nos. 98-1716 United States of Am. v. Allen W. Stewart, in Nos. 98-1860 United States of Am. v. Allen W. Stewart, in Nos. 98-1968, 185 F.3d 112 (3d Cir. 1999).published
    See Hurst, 951 F.2d at 1499-50 ; United States v. Etheridge, 932 F.2d 318, 320-21 (4th Cir. 1991); United States v. Bruscantini, 761 F.2d 640, 641-42 (11th Cir. 1985). 6 Stewart's claims are: (i) that because the Account was forfeitable on…
  • United States v. Buddy G. Rector, 111 F.3d 503 (7th Cir. 1997).published
    See, e.g., United States v. Etheridge, 932 F.2d 318, 322 (4th Cir.) (entrapment by estoppel instruction not appropriate where state trial judge erroneously informed convicted felon he could own guns for hunting purposes; to permit the defe…
Show 11 more citing cases
  • United States v. Pearrell, No. 94-5945 (4th Cir. July 26, 1996).unpublished
    Corp., 402 U.S. 558, 563 (1971), the Supreme Court has recognized a narrow exception to that general principle in the Raley line of cases, United States v. Etheridge, 932 F.2d 318, 321 (4th Cir.), cert. denied, 502 U.S. 917 (1991) (quoting…
  • United States v. Walter William Pearrell, 74 F.3d 1234 (4th Cir. 1996).published
    Corp., 402 U.S. 558, 563 (1971), the Supreme Court has recognized a narrow exception to that general principle in the Raley line of cases, United States v. Etheridge, 932 F.2d 318, 321 (4th Cir.), cert. denied, 502 U.S. 917 (1991) (quoting…
  • United States v. Shanta A. Howell, 37 F.3d 1197 (7th Cir. 1994).published
    See, e.g., United States v. Troncoso, 23 F.3d 612, 616 (1st Cir.1994) (holding that appellant fails to satisfy threshold element of showing that government official erroneously advised him that the act of conviction was actually legal when…
  • United States v. Conley, 859 F. Supp. 909 (W.D. Pa. 1994).published 2 cites
    (appellate ruling as a matter of law on the record)
  • United States v. Craig Andrew Mitran, 937 F.2d 610 (7th Cir. 1991).unpublished
    United States v. Etheridge, 1991 U.S.App.Lexis 7841, pp. 2-4 (4th Cir. April 30, 1991); United States v. Bruscantini, 761 F.2d 640, 641-42 (11th Cir.1985).
  • United States v. Brady, 710 F. Supp. 290 (D. Colo. 1989).published
    In United States v. Bruscantini, 761 F.2d 640, 641-42 (11th Cir.), cert. denied, 474 U.S. 904 , 106 S.Ct. 271 , 88 L.Ed.2d 233 (1985) the court declined to apply Raley and Cox based on a state court judge’s assertion that a nolo plea did n…
  • United States v. Walter David Tallmadge, 829 F.2d 767 (9th Cir. 1987).published
    The gun dealer's only information concerning that crucial fact was Tallmadge's negative answer on the FTR 6 For example, after the evidence was in, the district judge articulated his suspicion that "Mr. Tallmadge knew it was a crime." R.T.…
  • United States v. Gregory S. Brebner, 951 F.2d 1017 (9th Cir. 1991).published
    See United States v. Etheridge, 932 F.2d 318, 321 (4th Cir.1991) (estoppel defense to federal firearms charge rejected because based on advice of state trial judge rather than official of federal government) (citing United States v. Brusca…
  • United States v. Thompson, 756 F. Supp. 1492 (N.D. Fla. 1991).published 2 cites
    Compare United States v. Bruscantini, 761 F.2d 640 (11th Cir.) (relying on federal law and holding that a nolo plea, adjudication withheld, qualifies as a “conviction” for purposes of a federal prosecution under section 922), cert. denied,…
  • David A. Clarke v. United States, 915 F.2d 699 (D.C. Cir. 1990).published 2 cites
    (rejecting argument that reliance on stated opinion of state judge and state prosecutor was a defense to federal charge)
  • United States v. Eddie L. Jones, 910 F.2d 760 (11th Cir. 1990).published
    See, e.g., United States v. Bruscantini, 761 F.2d 640, 641 (11th Cir.1985); United States v. Garcia, 727 F.2d 1028, 1029 (11th Cir.1984); see also United States v. Grinkiewicz, 873 F.2d 253, 255 (11th Cir.1989) (adjudication withheld after…
At page 642 Limiting estoppel defense when government agencies differ9 citing casesbenefit of encouraging government officials to know and articulate the law not present where application of the defense would penalize the wrong government1 citing court put it this way · 7 listed here
  • United States v. Dwaine Collins, 773 F.3d 25 (4th Cir. 2014).published
    The Etheridge court quoted at length from an Eleventh Circuit case, United States v. Bruscantini, 761 F.2d 640, 642 (11th Cir.1985), which distinguished Cox and Raley by finding that when “the government that advises and the government tha…
  • Commonwealth v. Kratsas, 764 A.2d 20 (Pa. 2001).published
    See, e.g., United States v. Spires, 79 F.3d 464, 466 (5th Cir.1996); United States v. Bruscantini, 761 F.2d 640, 642 (11th Cir.), cert. denied, 474 U.S. 904 , 106 S.Ct. 271 , 88 L.Ed.2d 233 (1985).
  • Miller v. Commonwealth, 492 S.E.2d 482 (Va. Ct. App. 1997).published 2 cites
    Compare Brady, 710 F.Supp. at 295 , with United States v. Etheridge, 932 F.2d 318, 321 (4th Cir.), and United States v. Bruscantini, 761 F.2d 640, 642 (11th Cir.).
  • United States v. Aquino-Chacon, 109 F.3d 936 (4th Cir. 1997).published 2 cites
    Cheek v. United States, 498 U.S. 192, 199 , 111 S.Ct. 604, 609 , 112 L.Ed.2d 617 (1991). 10 Instead of grounding his due process challenge on lack of fair notice, however, Aquino-Chacon relies on Raley v. Ohio, 360 U.S. 423 , 79 S.Ct. 1257…
  • Scott Lee Tinsley v. United States, 107 F.3d 871 (6th Cir. 1997).unpublished
    (benefit of encouraging government officials to know and articulate the law not present where application of the defense would penalize the wrong government)
  • Bsharah v. United States, 646 A.2d 993 (D.C. 1994).published
    See United States v. Etheridge, 932 F.2d 318, 320-321 (4th Cir.), cert. denied, — U.S. -, 112 S.Ct. 323 , 116 L.Ed.2d 264 (1991); United States v. Bruscantini, 761 F.2d 640, 642 (11th Cir.), cert. denied, 474 U.S. 904 , 106 S.Ct. 271 , 88…
  • United States v. Elton Lee FUNCHES, 135 F.3d 1405 (11th Cir. 1998).published 3 cites
    (entrapment-by-estoppel defense unavailable in 18 U.S.C. § 922 prosecution where state judicial and prosecutorial officials advised defendant that plea of nolo contendré did not constitute felony conviction)
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Emilio BRUSCANTINI, Defendant-Appellant
84-5780.
Court of Appeals for the Eleventh Circuit.
May 28, 1985.
Published opinion
761 F.2d 640
1985 U.S. App. LEXIS 30103
Paul Morris, Miami, Fla., for defendant-appellant., Stanley Marcus, U.S. Atty., Linda Collins-Hertz, Roy B. Kahn, Sonia E. O’Don-nel, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.
Godbold, Krav-Itch, Hatchett.
Cited by 50 opinions  |  Published
GODBOLD, Chief Judge:

This is an appeal from a denial of a motion to dismiss the indictment. We affirm.

In 1974 appellant Bruscantini entered a plea of nolo contendere to a Florida burglary charge. The state judge withheld adjudication of guilt and placed him on probation. Appellant was told that the disposition of his case did not constitute a conviction. He successfully completed his probationary term.

In 1982 Bruscantini obtained two firearms. He was subsequently charged with violating 18 U.S.C. § 922(b) (1982), which prohibits convicted felons from receiving firearms that have been shipped in interstate commerce. He was also charged for making false statements to the vendor of the firearms in violation of 18 U.S.C. § 924(a) (1982). This second charge was dropped. Bruscantini entered a conditional plea of guilty to the first charge, reserving the right to appeal the court’s denial of his motion to dismiss the indictment. He received a $1,000 fine and was sentenced to five years probation.

Appellant claims that he was not a convicted felon at the time of his arrest for receiving firearms because he had pleaded nolo contendere to the state burglary charge and because the state judge had withheld adjudication. We rejected this argument in U.S. v. Garcia, 727 F.2d 1028 (11th Cir.1984) (relying upon Dickerson v. New Banner Institute, Inc., 460 U.S. 103, 103 S.Ct. 986, 74 L.Ed.2d 845 (1983)). Appellant’s second contention, that Dickerson cannot be applied retroactively, was also rejected. See U.S. v. Garcia, supra.

Appellant’s final contention is that he cannot be convicted for violating § 922 because the state judge who accepted his nolo plea, as well as the state prosecutor, told him that he was not a convicted felon. Therefore, he argues, because he reasonably relied upon the interpretation of law provided by authoritative state officials, he cannot now be convicted for violating a statute that prohibits convicted felons from possessing firearms. Appellant’s estoppel argument was held to establish a valid defense in Cox v. Louisiana, 379 U.S. 559, 85 S.Ct. 476, 13 L.Ed.2d 487 (1965), and Raley v. Ohio, 360 U.S. 423, 79 S.Ct. 1257, 3 L.Ed.2d 1344 (1959).

The facts of this case do not warrant application of the rule of Cox and Raley. Here, while state officials provided the interpretation upon which appellant relied, federal officials indicted and convicted him for a violation of federal law. On the other hand, in both Supreme Court decisions, state officials had interpreted state law and subsequently convicted the defendants under that law. This distinction is important here, particularly where the analysis of the federal law, § 922, does not depend on state practice, see Dickerson v. New Banner Institute, Inc., supra, and where knowledge[*642] of one’s status as a convicted felon is not an element of the pífense of receiving firearms. See U.S. v. Goodie, 524 F.2d 515 (5th Cir.1975), cert. denied, 425 U.S. 905, 96 S.Ct. 1497, 47 L.Ed.2d 755 (1976).

The rule of Cox and Raley is a narrow exception to the general principle that ignorance of the law is no defense. It was prompted by the Court’s observation that permitting the government to prosecute individuals who reasonably rely upon that government’s interpretation of the law would constitute a kind of entrapment. Where, however, the government that advises and the government that prosecutes are not the same, the entrapment problem is different. Moreover, if one benefit of the estoppel defense is that it encourages government officials to better know and articulate the law, that benefit is not present where application of the defense would penalize the wrong government — the government that prosecuted appellant rather than the government that mistakenly and misleadingly interpreted the law. Appellant, therefore, is not insulated from prosecution.

AFFIRMED.