United States Tenth Circuit

A conviction and sentence for illegal re-entry after deportation is affirmed where: 1) the district court did not abuse its discretion in precluding a duress defense based on a claim that defendant returned to the U.S. after threats by Mexican Federales due to his alleged cooperation with the DEA; and 2) a Booker claim is rejected.

Appellate Information

• Decided 02/28/2007
• Published 03/01/2007

Judges

• O'BRIEN, Circuit Judge., Before BRISCOE, Circuit Judge, ANDERSON, Senior Circuit Judge, and O'BRIEN, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Howard A. Pincus, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the briefs) for Defendant-Appellant., Dustin B. Pead, Assistant United States Attorney (Paul M. Warner, United States Attorney, with him on the brief), Salt Lake City, UT, for Plaintiff-Appellee.