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United States v. Escobar de Bright

742 F.2d 1196 (1984)

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United States v. Escobar de Bright

United States Court of Appeals for the Ninth Circuit
742 F.2d 1196 (1984)

CS

Facts

Manny Banda was a paid informant for the Drug Enforcement Administration who was in contact with Ernesto Ayala-Zarate about the planned importation and distribution of heroin from Mexico. Ayala-Zarate gave Banda the phone number for his brother’s mother-in-law, Hilda Escobar de Bright (defendant), so that Banda could solicit her help in importing the heroin. Banda called Escobar de Bright and persuaded her to drive immediately to Mexico. After Escobar de Bright drove into Mexico and came back across the border, her teenage son Francisco got into her car. The car was later stopped by customs-patrol officers who discovered that Francisco was carrying four ounces of heroin. Escobar de Bright was indicted on conspiracy, importing, possession, and intent-to-distribute drug charges. Escobar de Bright claimed at trial that she only drove into Mexico because she was afraid of Banda and had not discussed the scheme with anyone besides him. Escobar de Bright was convicted on all counts and appealed the conspiracy convictions, alleging that the court should have instructed the jury that she could not be guilty of conspiracy if she only conspired with a government agent.

Rule of Law

Issue

Holding and Reasoning (Reinhardt, J.)

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