United States v. Sariles
Court of Appeals for the Fifth Circuit
1Opinion of the Court
KING, Circuit Judge:
Luis Angel Sariles appeals following his conviction after a bench trial of importing and possessing with intent to distribute fifty kilograms or more of marijuana. Sariles sought to assert a public authority defense at trial on the basis that he had been acting on the apparent authority of a local law enforcement officer to permit his conduct. We hold, consistent with sister circuit precedent, that the public authority defense requires a law enforcement officer who engages a defendant in covert activity to possess actual, rather than only apparent, authority to authorize…
2Cases cited13 opinions
- United States v. RosenthalCourt of Appeals for the Eleventh Circuit · 1986
- United States v. HolmquistCourt of Appeals for the First Circuit · 1994
- United States v. Juan Baptista-Rodriguez, Ramon Calvo, and Julio R. DiazCourt of Appeals for the Eleventh Circuit · 1994
- United States v. Andrew Duggan, Eamon Meehan, Gabriel Megahey, and Colm Meehan, DefendantsCourt of Appeals for the Second Circuit · 1984
- UNITED STATES of America, Plaintiff-Appellee, v. Juan Ramon MATTA-BALLESTEROS, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1995
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