United States v. Bobbie Bear

A jury convicted Bobbie Bear of conspiracy to manufacture and distribute methamphetamine, in violation of 21 U.S.C. § 846 . During her trial, Bear asserted that she had been working for the government in a criminal investigation as a confidential informant when she engaged in the alleged illegal drug activities. She testified that she informed Deputy Darren Hager about these activities. Hager was a Los Angeles County Sheriffs Department deputy who had been assigned to the Drug Enforcement Administration (“DEA”).

Bear argues that although she did not request a public authority instruction, this was the crux of the defense reflected in her testimony and in .closing arguments of both counsel. She argues the district court erred by not giving the jury a public authority instruction, sua sponte. She also contends the district court erred by permitting the government to call Deputy Hager as a rebuttal witness in spite of what she argues was a stipulation by the government not to call him as a witness in the case.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We conclude that the district court committed plain error by not giving the jury, sua sponte; a public authority defense…