United States Ninth Circuit

A conviction and sentence for being found in the United States after being deported is affirmed where: 1) because defendant failed to make a prima facie showing of an immediate threat, the district court properly precluded him from introducing any evidence on a duress defense and properly declined to instruct the jury on duress; 2) the 90-month sentence was reasonable; and 3) the sentence was not an impermissible punishment for exercising his constitutional right to trial.

Appellate Information

• Decided 05/21/2008
• Published 05/21/2008

Judges

• IKUTA, Circuit Judge:, Before:  KIM McLANE WARDLAW, RONALD M. GOULD, SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Julie A. Blair, San Diego, CA, for the defendant-appellant., William M. Narus, Assistant United States Attorney, Office of the United States Attorney, San Diego, CA, for the plaintiff-appellee.