United States Ninth Circuit

Conviction of illegal reentry is affirmed. The period between entry of defendant's plea and his subsequent plea withdrawal was properly excluded from the statutory period to indict under 18 U.S.C. section 3161(h)(1)(I); as the defense of duress cannot negate voluntariness where defendant jumped the border fence, he was properly required to establish duress by a preponderance of the evidence.

Appellate Information

• Decided 05/21/2004
• Published 05/21/2004

Judges

• CYNTHIA HOLCOMB HALL, Circuit Judge., Before: HALL and GRABER, Circuit Judges, and WEINER, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Atmore L. Baggot, Apache Junction, AZ, for the defendant-appellant., John R. Lopez, IV, Assistant United States Attorney, Phoenix, AZ, for the plaintiff-appellee.