Legal Opinion

United States v. Francisco Dominguez-Mestas

Court of Appeals for the Ninth Circuit

Decided April 9, 1991No. 88-5132PublishedCited by 28 opinions

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

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Morissette v. United StatesSupreme Court of the United States · 1952
  3. United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
  4. Martin v. OhioSupreme Court of the United States · 1987
  5. United States v. Patricia Campbell HearstCourt of Appeals for the Ninth Circuit · 1977

7 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. United States v. DeleveauxCourt of Appeals for the Eleventh Circuit · 2000
  2. United States v. Jorge Andres VerduzcoCourt of Appeals for the Ninth Circuit · 2004
  3. United States v. Kathy Evelyn WillisCourt of Appeals for the Fifth Circuit · 1994
  4. United States v. Reginald DoddCourt of Appeals for the Third Circuit · 2000
  5. United States v. CruzCourt of Appeals for the Ninth Circuit · 2009

23 more not listed; retrieve them via the Exa API.

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