US v. Burt
No. 04-10240 (6-8-05). Defendant was caught transporting illegal aliens. She quickly sized up the situation and told the officers that she knew about other shipments of illegals, and there was one next week. The officers were interested, told her she would not be prosecuted, and had a meeting where parameters may or may not have been laid out for information. In any event, she was caught soon after with, yes, another shipment of illegal aliens. She argued that she was working for the border patrol. Starngely, upon the second arrest, the only agent that took notes of the meeting destroyed them. At trial she argued that she was working for the gov't, and asked for an instruction. The court said "no." Well, the 9th said that the court should have given such an instruction because there was some evidence to support the defense. It may have been weak, but the fact that notes were destroyed was suspicious, and that defendant met her burden.