United States v. Francisco Dominguez-Mestas
Court of Appeals for the Ninth Circuit
1Per curiam
This appeal requires us to decide which party has the burden of proof for the defense of duress when a defendant is charged with unlawful importation of merchandise in violation of 18 U.S.C. § 545. The district court ruled that Francisco Dominguez-Mestas (Dominguez) bore the burden of proving duress by a preponderance of the evidence. Dominguez contends that the district court was wrong; he argues that the government has the burden of disproving duress and must do so beyond a reasonable doubt. We affirm the district court’s decision that the defendant has the burden of proving duress by a…
2Cases cited12 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Morissette v. United StatesSupreme Court of the United States · 1952
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- Martin v. OhioSupreme Court of the United States · 1987
- United States v. Patricia Campbell HearstCourt of Appeals for the Ninth Circuit · 1977
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3Cited by28 opinions
- United States v. DeleveauxCourt of Appeals for the Eleventh Circuit · 2000
- United States v. Jorge Andres VerduzcoCourt of Appeals for the Ninth Circuit · 2004
- United States v. Kathy Evelyn WillisCourt of Appeals for the Fifth Circuit · 1994
- United States v. Reginald DoddCourt of Appeals for the Third Circuit · 2000
- United States v. CruzCourt of Appeals for the Ninth Circuit · 2009
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