777 F.3d 917
7th Cir.2015Background
- Pierotti, previously convicted (2011) of misdemeanor battery against his fiancée, attempted to purchase a Remington rifle from Walmart in 2012 and completed ATF Form 4473 on a store kiosk.
- On Form 4473 question 11(i) ("Have you ever been convicted ... of a misdemeanor crime of domestic violence?"), Pierotti initially clicked "Yes," then—after a computer prompt to review—changed his answer to "No" without clicking the on-screen link that explained the statutory definition.
- The government prosecuted Pierotti under 18 U.S.C. § 922(a)(6) for knowingly making a false statement in connection with a firearm purchase; he was convicted by a jury and sentenced to house arrest and supervised release.
- At trial the district court defined "knowingly" and, over Pierotti’s objection, added the Seventh Circuit "ostrich" instruction (deliberate avoidance: strong suspicion plus deliberate avoidance permits a finding of knowledge).
- Pierotti appealed, arguing the ostrich instruction was unsupported by the record and therefore erroneous; the Seventh Circuit reviewed the district court’s decision for abuse of discretion.
Issues
| Issue | Pierotti's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether the district court erred in giving an "ostrich" (deliberate-avoidance) instruction on the mens rea element of § 922(a)(6) | Instruction unsupported because facts show at most mistake, carelessness, or insufficient diligence | Sufficient evidence (initial correct "Yes," then considered change to "No," failure to read obvious on-screen instructions, reliance on irrelevant advice) supports the instruction | Affirmed: district court did not abuse its discretion in giving the ostrich instruction |
Key Cases Cited
- Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060 (Sup. Ct. 2011) (discusses standards for willful/blindness-related mens rea)
- United States v. Salinas, 763 F.3d 869 (7th Cir. 2014) (ostrich-instruction preconditions explained)
- United States v. Gonzalez, 737 F.3d 1163 (7th Cir. 2013) (physical deliberate avoidance premise)
- United States v. Pabey, 664 F.3d 1084 (7th Cir. 2011) (psychological avoidance as cutting off curiosity)
- United States v. Ramirez, 574 F.3d 869 (7th Cir. 2009) (ordinary ignorance distinguished from deliberate avoidance)
- United States v. Carani, 492 F.3d 867 (7th Cir. 2007) (contextual inquiry for ost rich instruction)
- United States v. Castleman, 134 S. Ct. 1405 (Sup. Ct. 2014) (misdemeanor domestic battery qualifies under federal firearms disability statute)