United States v. Alba

OPINION OF THE COURT

BARRY, Circuit Judge.

On January 4, 2001, following a bench trial, Herminio Enrique Alba was convicted of illegally entering the country in violation of 8 U.S.C. § 1326(a) & (b)(2). Alba contends that the District Court erred in precluding him from presenting the affirmative defense of entrapment by estoppel. The government cross-appeals, contending that the District Court erred in granting a five-level downward departure under U.S.S.G. § 5K2.0. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(b), and will affirm.

The parties are familiar with the facts of…