United States v. Aida Gonzales-Benitez, United States of America v. Ambrosio Hernandez-Coronel

Aida Gonzales-Benitez and Ambrosio Hernandez-Coronel were convicted for importing and distributing heroin in violation of 21 Ü.S.C. §§ 952(a), 960(a)(1), 841(a)(1). On appeal they argue that the trial court gave incorrect jury instructions on the defense of entrapment and that the court erred in various other respects. We consider these contentions below, after stating the facts.

Ana Maria Gutierrez, a paid informer who had worked on prior occasions with the Drug Enforcement Administration, initiated a series of telephone conversations with appellant Gonzales, who was staying in Culiacan, Mexico. Gonzales indicated she could obtain good quality heroin for the informant. Gonzales asked if Gutierrez would distribute the narcotic to reliable persons, and Gutierrez responded that her buyers could be trusted. In June Mrs. Gutierrez and her daughter traveled to Culiacan, where they spent all day with Gonzales and also met with appellant Hernandez. Together they discussed delivery and transportation of heroin in further detail. Gonzales offered to sell 16 ounces to Gutierrez and allow Hernandez to travel to the border with Gutierrez for protection, but the informer refused to…