United States v. Burt
United States Court of Appeals for the Ninth Circuit
410 F.3d 1100 (2005)
After being arrested for transporting illegal aliens, Marnie Burt (defendant) agreed with Border Patrol agents to avoid prosecution by gathering information about an upcoming large-scale smuggling operation; she claimed an agent, Scott, told her she would not be doing anything illegal if she was gathering information for them, while Scott claimed he only told her not to do anything illegal and to report information. After Burt was arrested again transporting aliens and claimed she was working for another agent, Van Edwards, Scott destroyed his notes from the earlier interview upon learning of her arrest; the trial court refused Burt's requested public authority jury instruction, she was convicted on both charges, and her motion for a new trial was denied.
Whether a defendant who presents some evidence that her conduct was undertaken in reasonable reliance on instructions from government officers is entitled to a jury instruction on the public authority defense.