U.S. v. SARILES

No. 10-50577.

645 F.3d 315 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Angel SARILES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Revised July 15, 2011.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Elizabeth Berenguer , Margaret Mary Embry (argued), Asst. U.S. Attys., San Antonio, TX, for Plaintiff-Appellee.

Judy Fulmer Madewell , Asst. Fed. Pub. Def. (argued), Henry Joseph Bemporad , Fed. Pub. Def., San Antonio, TX, for Defendant-Appellant.

Before KING, WIENER, and CLEMENT, Circuit Judges.


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...

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