Solano

United States v. Solano

Good Law
82 F. App'x 563
United States Court of Appeals for the Ninth CircuitNovember 26, 2003No. 03-50164; D.C. No. CR-02-01700-JTMCalifornia738 words

Opinion

Lead Opinion

MEMORANDUM *

Giovanni Edwin Solano was convicted on two counts of transporting illegal aliens. 8 U.S.C. § 1324 (a)(l)(A)(ii). He appeals his convictions. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I.

Solano first challenges the district court’s ruling on his motion to present a public authority defense at trial. The district court denied Solano’s motion without prejudice after concluding that Solano’s *565 pretrial offer of proof failed to make a prima facie showing of actual or believed authority. We agree with the district court that Solano’s proffer was insufficient. It did not include any statements made or conveyed to Solano that could possibly have supported a reasonable belief that Solano’s conduct had been officially authorized. United States v. Burrows, 36 F.3d 875, 882 (9th Cir.1994). Contrary to Solano’s contention, the district court’s ruling also did not force Solano to choose between his public authority defense and possibly self-incriminating testimony. The district court noted the deficiencies in Solano’s proffer but did not state that Solano’s own testimony would be required to cure those deficiencies.

Solano next argues that the…

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