UNITED STATES of America, Plaintiff-Appellee, v. Gordon Taylor JENNELL, Defendant-Appellant

Gordon Taylor Jennell has appealed his conviction, following a jury trial, of conspiracy to import marijuana in violation of 21 U.S.C. §§ 952 (a), 963, and conspiracy to distribute marijuana in violation of §§ 841(a)(1), 846. He contends that the district court erred in (1) refusing to instruct the jury on the defense of duress or coercion; (2) denying Jennell’s motion to suppress the contents of his briefcase; (3) admitting into evidence handwritten documents found in a co-conspirator’s briefcase; and (4) refusing to instruct the jury regarding lost or destroyed evidence. We affirm.

I. Factual Background

Jennell was a participant in a conspiracy to import and distribute 32,000 pounds of marijuana. The marijuana was to be smuggled from Colombia to Arizona or Nevada on a DC-7 aircraft. If the conspirators had been successful, Jennell’s estimated share of the profits would have been $750,000. Jennell asserts that he became involved with the conspiracy because of threats made on his and his family’s lives. The facts, as alleged by Jennell, follow.

In September or October of 1980 Jennell’s ex-wife discovered a death threat on the windshield of the car she was driving. Jennell owned…