U.S. v. LOPEZ-IRAETA

No. 96-3515.

129 F.3d 1206 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos Humberto LOPEZ-IRAETA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 21, 1997.


Attorney(s) appearing for the Case

Mark J. Rosenblum, Asst. Federal Public Defender, H. J. Stevens, Federal Public Defender, William Kent, Asst. Federal Public Defender, Jacksonville, FL, for Defendant-Appellant

Charles R. Wilson, Michael F. Gallagher, Asst. U.S. Atty., Susan Humes Raab, Asst. U.S. Atty., Jacksonville, Fl, for Plaintiff-Appellee.

Before HATCHETT, Chief Judge, and TJOFLAT and COX, Circuit Judges.


HATCHETT, Chief Judge:

The only issue in this appeal is whether the "exculpatory no" doctrine provides an affirmative defense to prosecutions under 18 U.S.C. § 911. We decline to extend the doctrine beyond its application in the prior decisions of this court and affirm the appellant's conviction and sentence.

BACKGROUND

On the morning of August 1, 1996, agents of the United States Border Patrol and the Drug Enforcement Agency conducted transportation...

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