People v. Dunlap CA4/2

FACTS AND PROCEDURAL HISTORY

Adam Ekstrom was an agent for the federal Bureau of Alcohol, Tobacco and

Firearms (ATF). In 2009, agent Ekstrom was working with other federal and local law

enforcement officers on a joint task force concerned with, among other things, gangs,

violence, and gun trafficking.

Ekstrom, posing as a person interested in buying guns, used a confidential

informant called “Spanky” to arrange a meeting with defendant on November 10, 2009,

about a proposed gun purchase. A few days later, defendant left a telephone message for

Ekstrom, saying, “I [got] them things for you [sic].” Ekstrom construed the message to

mean that defendant had obtained some rifles that he and defendant had discussed at their

earlier meeting. Ekstrom spoke to defendant on the telephone later the same evening,

November 14, 2009. Defendant said that he had two AK-47 rifles that he would sell for

2 $1,100 each. Defendant also expressed some apprehension about dealing directly with

Ekstrom; he preferred to deal with Spanky instead.

On November 17, 2009, Ekstrom arranged to meet with defendant in the parking

lot of a coffee bar to make the exchange. Sometime after about 2:30…