United States v. Marnie Ann Burt

The government filed a two-count indictment charging appellant Marnie Ann Burt with conspiracy to transport illegal aliens and transportation of illegal aliens.. Burt requested jury instructions on her apparent public authority defense. The district court refused to give Burt’s requested jury instructions, and the jury found Burt guilty on both counts. Burt appeals and argues the district court erred in refusing to instruct the jury 'on her- public authority defense. Burt presented sufficient, evidence to justify jury instructions on.her public authority defense. We reverse and remand for a new trial.

I. Background

On May 22, 2003, Border Patrol Agents Mike Van Edwards and Brian Brown arrested Burt for transporting illegal aliens. Burt told the agents that she had information regarding a plan to transport illegal aliens in a semi-trailer that coming weekend. The agents were interested in this information. Agent Brown decided not to recommend that Burt be prosecuted, and Agent Van Edwards contends he told Burt she would not be prosecuted. Burt agreed to come back the next day to meet with the agents regarding her knowledge of the semi-trailer plan. Burt contends that the agents…