United States v. Amar Endris
663 F. App'x 277
| 4th Cir. | 2016Background
- FBI used confidential informant Dylan Smith to investigate Amar Endris for firearm offenses; Smith told Endris a contact (“Paul”) had a gun with the serial number scratched off and offered to sell it for $300.
- Between August and December 2014, recorded conversations and texts show Endris seeking an untraceable firearm, discussing obtaining guns and a potential criminal use, and ultimately purchasing the Glock with the obliterated serial number on December 17.
- Endris was arrested and charged with possession of a firearm with an obliterated serial number (18 U.S.C. § 922(k)); he intended to assert an entrapment defense at trial.
- The district court admitted three pre-offer audio recordings (Aug. 5, 19, 26) under Fed. R. Evid. 404(b) as evidence of predisposition; a jury convicted Endris.
- At sentencing, the court imposed a 30-month term and a special supervised-release condition (Condition 4) barring internet access to information regarding firearms, “soldiers of fortune,” or “any type of violence,” citing concerns including photographs of Endris with guns and a neuropsychological diagnosis of Autism Spectrum Disorder.
Issues
| Issue | Endris’ Argument | Government’s Argument | Held |
|---|---|---|---|
| Admissibility under Fed. R. Evid. 404(b) of three pre-offer recordings used to show predisposition | Recordings were unfairly prejudicial and not sufficiently similar or necessary to prove predisposition | Recordings were relevant, necessary to rebut entrapment defense, and probative of continuing efforts to obtain an illegal firearm and a plausible criminal use | Affirmed: recordings admissible to prove predisposition; probative value not substantially outweighed by unfair prejudice |
| Validity of supervised-release Condition 4 restricting internet access to info on firearms/"violence" | Condition is overbroad and vague; may criminalize innocuous activity | Condition is reasonably related to defendant’s history/characteristics and public protection; tailored to prevent access to weapon- and violence-related material | Affirmed: condition reasonably related to § 3553(a) factors and not an abuse of discretion when read in context |
Key Cases Cited
- United States v. Young, 248 F.3d 260 (4th Cir.) (Rule 404(b) is inclusive; admits other-act evidence except that showing only criminal disposition)
- United States v. Siegel, 536 F.3d 306 (4th Cir.) (404(b) admissibility requires relevance to non-character issue, necessity, and reliability)
- United States v. Johnson, 617 F.3d 286 (4th Cir.) (probative value vs. unfair prejudice balancing under Rule 403/404(b))
- United States v. McLaurin, 764 F.3d 372 (4th Cir.) (prior bad acts admissible to show predisposition in entrapment context; need not be identical but similar and timely)
- United States v. Van Horn, 277 F.3d 48 (1st Cir.) (prior bad acts relevant to predisposition can overcome Rule 404(b) bar)
- Bourjaily v. United States, 483 U.S. 171 (sum of evidence may be greater than parts; cumulative evidence considered)
- United States v. Armel, 585 F.3d 182 (4th Cir.) (district court may impose special supervised-release conditions reasonably related to § 3553(a))
- United States v. Paul, 274 F.3d 155 (5th Cir.) (supervised-release conditions need not be pedantically precise; must be read in commonsense context)