United States v. Dennis

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New Jersey ATF agents met with Burk, a convicted felon facing forgery charges who was a confidential informant. Questioned about associates who were involved in robberies or violent crimes, Burk responded that Dennis had spoken of conducting home invasions and other robberies. The agents were previously unaware of Dennis. They confirmed that Dennis had several felony convictions relating to drugs and burglary. Burk told agents that Dennis had previously requested his help in robbing a check-cashing operation. At the direction of the agents, Burk tried, several times, to enlist Dennis’ help in various robbery schemes. When Burk told him that the job was necessary to help Burk's mother who had cancer, Dennis agreed. At trial, a defense witness testified that Dennis suffers from neurocognitive impairments, with an IQ score of 74. After the “reverse sting,” Dennis was convicted of conspiracy to rob a narcotics “stash house,” 18 U.S.C. 1951(a), 21 U.S.C. 841(a)(1), and 841(b)(1)(A), and of carrying a firearm during the commission of the crime, 18 U.S.C. 924(c)(1)(A)(i), and was sentenced to 180 months’ imprisonment. The Third Circuit vacated the conviction; the court should have given an entrapment instruction on the robbery and gun possession charges. The court affirmed on the remaining drug charge. View "United States v. Dennis" on Justia Law