United States v. Hilda Escobar De Bright

REINHARDT, Circuit Judge:

After abolishing the long standing concurrent sentence doctrine, an en banc panel, 730 F.2d 1255, remanded this case to the original panel to decide the merits of the defendant’s challenge to her conspiracy conviction. 1 We now hold that the district court committed reversible error in failing to instruct the jury that if it found that the defendant “conspired” only with a government agent she could not be found guilty of conspiracy. Accordingly, we reverse her conspiracy conviction.

Hilda Escobar de Bright was charged on counts of conspiring to import heroin (Count…