Guzman-Parra

United States v. Guzman-Parra

Good Law
401 F. Supp. 2d 1055·2005 WL 3244297·2005 U.S. Dist. LEXIS 30998
United States District Court, Southern District of CaliforniaDecember 1, 200505CR0490-LABCalifornia674 words

Opinion

Opinion

Burns, J.

ORDER REJECTING FOR FILING EX PARTE UNDER SEAL IN LIMINE MOTION AND APPLICATION FOR RULE 17(B) SUBPOENAS.

Defendant Efrain Guzman-Parra is charged with being found in the United States after being deported in violation of Title 8, United States Code, § 1326 . His trial is set to begin December 13, 2005, and the Court is scheduled to hear motions in limine in the case on December 12, 2005.

On November 30, 2005, the Court received in chambers a pleading captioned “Defendant’s Ex Parte Under Seal Notice of Motion and Motion In Limine to Admit Evidence of Duress.” In brief, the pleading argues in favor of the admissibility of proffered evidence supporting a duress defense, and advocates the giving of Ninth Circuit Model Instruction 6.5. The motion does not contain a Proof of Service, and it does not appear to the Court the motion was served on the plaintiff in this case, the United States of America. The Court rejects the pleading, and orders that it is not to be filed by the Clerk’s office.

Whether a defendant has the burden of proving duress by a preponderance of the evidence, or alternatively, whether the government must establish the absence of duress beyond a reasonable doubt,…

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