Legal Opinion

United States v. Sariles

Court of Appeals for the Fifth Circuit

Decided June 23, 2011No. 10-50577PublishedCited by 9 opinions

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

  1. United States v. RosenthalCourt of Appeals for the Eleventh Circuit · 1986
  2. United States v. HolmquistCourt of Appeals for the First Circuit · 1994
  3. United States v. Juan Baptista-Rodriguez, Ramon Calvo, and Julio R. DiazCourt of Appeals for the Eleventh Circuit · 1994
  4. United States v. Andrew Duggan, Eamon Meehan, Gabriel Megahey, and Colm Meehan, DefendantsCourt of Appeals for the Second Circuit · 1984
  5. UNITED STATES of America, Plaintiff-Appellee, v. Juan Ramon MATTA-BALLESTEROS, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1995

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3Cited by9 opinions

  1. United States v. Orlando HaleCourt of Appeals for the Fifth Circuit · 2012
  2. United States v. Daniel DavisCourt of Appeals for the Fifth Circuit · 2012
  3. Harte v. Board Comm'rs Cnty of JohnsonCourt of Appeals for the Tenth Circuit · 2019
  4. United States v. Seng XiongCourt of Appeals for the Eighth Circuit · 2019
  5. Jane Dornick v. United States of AmericaDistrict Court, D. New Jersey · 2026

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