Mitola

MEMORANDUM **

In November 2005, Nicholas Mitola was convicted by a jury of being a felon in possession of a firearm, a violation of 18 U.S.C. §§ 922 (g) and 924(e). He now appeals his conviction on two grounds. First, Mitola argues that the government failed to present sufficient evidence to sustain his conviction. Specifically, he contends that he was entrapped and that the government did not prove otherwise. Second, Mitola argues that the government was allowed to ask improper and irrelevant questions that deprived him of a fair trial. We have jurisdiction to review pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

I.

Because the parties are conversant with the facts, we recite only those facts necessary to an understanding of our ruling.

On July 1, 2004, Perry Adrienne asked Mitola — a convicted felon — to get him a gun. According to Mitola, Adrienne made the request repeatedly, allegedly asking Mitola fifteen to twenty times on the night of July 1 st and then again on July 5th. Mitola testified that he rejected the requests.

On July 7 and 8, 2004, Adrienne met with FBI Agent Lee McEuen. They discussed the fact that Adrienne had asked Mitola for a gun.…