723 F.2d 691
SYNOPSIS: Defendant challenged a judgment of the United States District Court for the Central District of California, which convicted defendant of unlawful possession with intent to distribute a controlled substance.
-Defendant was convicted of unlawful possession with intent to distribute a controlled substance. -Defendant appealed, arguing that the district court erred in excluding evidence of duress and necessity defenses.
-On appeal, the court reversed the decision of the district court.
The court ruled that defendant had presented sufficient evidence of duress to present a triable issue of fact.
-The court concluded that defendant agreed to attempt to smuggle the cocaine into the United States in his body under a well-grounded fear of immediate harm to his family with no opportunity to escape, and that a triable issue existed as to whether defendant took the opportunity to escape by submitting to authorities at the first reasonable opportunity.
OUTCOME: The court reversed the conviction of defendant. The court ruled that defendant had presented sufficient evidence of duress to present a triable issue of fact, and the district court erred in excluding such evidence.
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