United States First Circuit

Conviction for attempted transport and concealment of illegal aliens and trafficking in false identification documents is affirmed where there was no error in the district court's refusal to give an instruction on defendant's theory of entrapment, since the evidence did not plausibly support the theory. Sentence is vacated where the district court did not base a leader enhancement on specific findings as to whom the defendant may have organized, led, managed, or supervised.

Appellate Information

• Decided 05/23/2007
• Published 05/23/2007

Judges

• SELYA, Senior Circuit Judge., Before BOUDIN, Chief Judge, SELYA, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Raymond L. Sanchez-Maceira, by appointment of the court, on brief for appellant.


• For Appellees:
  
• Nelson Pérez-Sosa, Assistant United States Attorney (Chief, Appellate Division), Rosa Emilia Rodríguez-Vélez, United States Attorney, and on brief for appellee.