This section contains the nature of the case and procedural background.

Border Patrol Agents Van Edwards and Brown arrested D for transporting illegal aliens. D offered the Agents information regarding a plan to transport illegal aliens. Brown decided not to recommend that D be prosecuted, and Van Edwards contends he told D she would not be prosecuted. D agreed to come back the next day to meet with the agents regarding her knowledge of the plan. The next day, Agent Scott interviewed D. Agent Scott contends he told D that she was not a confidential informant, that she should not do anything illegal, and that she should contact him with any information. D contends that the agents told her that she would not be doing anything illegal as long as she was gathering information for the agents. D never contacted the agents. Five days later, agents arrested D for transporting illegal aliens in a van. Burt told the agents that she was working for Van Edwards. Shortly after Agent Scott heard that D had been arrested, he destroyed his notes from the meeting. D was charged with conspiracy to transport illegal aliens and transportation of illegal aliens. D testified that she believed she was properly collecting information for the agents. D requested jury instructions, which included the model Ninth Circuit public authority instruction. The district court refused. D was found guilty and appealed.

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