Silva-Pena

876 F.2d 897 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Jose De Jesus SILVA-PENA, Defendant-Appellant. No. 88-1139. United States Court of Appeals, Ninth Circuit. Submitted * March 29, 1989. Decided June 6, 1989. Before BARNES, WALLACE and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Jose de Jesus Silva-Pena (Silva-Pena) appeals his conviction of possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). He contends that the district court erred by refusing to instruct the jury on his proffered defense of duress. We affirm. 3 "For an instruction on a particular defense to go to the jury, the defendant must present sufficient evidence to raise triable issues of fact on the elements of that defense." United States v. Charmley, 764 F.2d 675, 676 (9th Cir.1985). "The three elements of the duress defense are: (1) immediate threat of death or grave bodily harm; (2) well…