072325P.pdf   07/01/2008  United States  v.  Nabil Abumayyaleh
   U.S. Court of Appeals Case No:  07-2325
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Riley, Author, with John R. Gibson and Benton, Circuit
   Judges]
   Criminal Case - conviction and sentence. Government's conduct did not
   rise to level of entrapment, as defendant was given opportunity to
   purchase firearm after becoming acquainted with undercover officer and
   district court did not err in denying motion for judgment as a matter of
   law. Sufficient evidence was presented he possessed a firearm found in
   the office. Warrant to search was supported by probable cause and was
   of no consequence that items listed in the affidavit were not actually
   stolen. Discovery of evidence under plain view doctrine need not be
   inadvertent. Admission of prior conviction was permissible to show
   predisposition once defendant asserted entrapment and district court did
   not abuse its discretion in admitting evidence. District court erred in
   applying enhancement for stolen firearm because firearm was not stolen.
   Case is remanded for resentencing.