United States Ninth Circuit

Defendant's convictions for importing heroin and possession with intent to distribute are affirmed where: 1) any error the prosecutor may have made in defining duress was neutralized by the district judge's immediate reminder that the court's instructions controlled; and 2) even if error in the grand jury proceedings was brought to the attention of the district court prior to trial, where the motion was denied and a guilty verdict was returned, the error was rendered harmless by the verdict.

Appellate Information

• Argued 10/07/2009
• Decided 06/11/2010
• Published 06/11/2010

Judges

• Before ANDREWJ. KLEINFELD and RICHARD C. TALLMAN, Circuit Judges, and DAVID G. TRAGER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Ellis M. Johnston, III, Federal Defenders of San Diego, Inc., for the defendant-appellant., Karen P. Hewitt, United States Attorney; Bruce R. Castetter, Assistant U.S. Attorney; David P. Curnow, Assistant U.S. Attorney; Andrew G. Schopler (argued), Assistant U.S. Attorney; for the plaintiff-appellee.