United States v. Maria Yanibe Montilla

Maria Montilla appeals her conviction upon a plea of guilty of conspiracy to possess cocaine with the intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and 846 (1982). Montilla argues that the “outrageous conduct” of federal agents violated her due process rights, and that this due process argument was not waived by her plea. We affirm the conviction, but vacate the $50 special assessment.

I

Montilla is a citizen of Colombia. In 1985 she entered the United States illegally. She came to know her codefendant, Hector Hernandez, and moved into an apartment in Los Angeles with him. Mon-tilla had polio as a child and wished to obtain money to pay for an operation on her legs. In August 1987, Montilla met a man named Johnny at a dance. Johnny suggested that Montilla could make money selling cocaine. He arranged a meeting between Montilla and a government informant, Roberto. Montilla sold cocaine to Roberto on two occasions. She obtained the cocaine from Hernandez. Roberto told Montilla that he could introduce her to a physician who could help her obtain medical treatment if she sold cocaine to the physician.

On September 2, 1987, “Dr. Victor Guevara” contacted Montilla by…