United States v. Lincoln Plowman
2012 U.S. App. LEXIS 23822
7th Cir.2012Background
- Lincoln Plowman, an Indianapolis law enforcement official and council majority leader, faced a FBI sting relating to zoning and bribery concerns.
- The FBI undercover operation involved an agent posing as a strip club investor seeking political influence for zoning approvals.
- Plowman discussed bribe concepts and his political leverage in multiple conversations, including a $5,000 cash payment and potential $1,000 to $2,000 additional money.
- Plowman was videotaped accepting $5,000 in cash in a hotel room; agents disclosed the sting after the money was recovered.
- The government filed a motion in limine to preclude an entrapment defense; the district court granted it prior to trial.
- A jury convicted Plowman of federal-funds bribery and attempted extortion under color of official right; sentence was imposed and the conviction is on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pretrial entrapment ruling was correct | Plowman argues entrapment was shown by an extraordinary scheme. | Government contends there was insufficient inducement to warrant entrapment. | District court correct; no entrapment shown. |
| Whether inducement evidence supports entrapment | Proffers show government induced acceptance of a bribe. | Inducement was not proven; sting did not coerce or mislead beyond a standard deal. | Insufficient inducement evidence; no entrapment. |
Key Cases Cited
- United States v. Blassingame, 197 F.3d 271 (7th Cir. 1999) (small bribes insufficient for inducement)
- United States v. Evans, 924 F.2d 714 (7th Cir. 1991) (minor promises may constitute inducement)
- Mathews v. United States, 485 U.S. 58 (1988) (two elements of entrapment; predisposition central)
- Jacobson v. United States, 503 U.S. 540 (1992) (government inducement and defendant predisposition; substantial government pressure)
- United States v. Pillado, 656 F.3d 754 (7th Cir. 2011) (inducement analysis when evidence is limited)
- United States v. Teague, 956 F.2d 1427 (7th Cir. 1992) (entrapment elements and jury instruction considerations)