United States v. Francisco Dominguez-Mestas

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 preponderance of evidence as a defense to a charge of unlawful importation of merchandise. The government, however, has its traditional burden of proving all of the elements of the crime beyond a reasonable doubt, and the jury in rendering its decision may consider the evidence of duress to the extent that it is relevant to the government’s burden.

FACTS AND PROCEEDINGS

On May 10, 1986, Dominguez entered the United States through the port of entry at Calexico, California. Dominguez was referred to the secondary inspection area, where he stated that he was not bringing any items from Mexico…