United States v. Fernando Morejon-Hernandez

990 F.2d 1264 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Fernando MOREJON-HERNANDEZ, Defendant-Appellant. No. 92-50458. United States Court of Appeals, Ninth Circuit. Submitted April 9, 1993. * Decided April 12, 1993. MEMORANDUM *** 1 Before NOONAN and LEAVY, Circuit Judges, FITZGERALD, ** Senior District Judge. 2 Fernando Morejon-Hernandez (Morejon), an inmate in the United States Penitentiary at Lompoc (USP Lompoc), appeals the district court's preclusion of the defense of duress and its denial of his two motions to dismiss the indictment, one for pre-indictment delay and another for a violation of his right to due process and compulsory process under the Constitution. We AFFIRM. 3 Morejon was indicted on two counts of assault with a dangerous weapon in violation of 18 U.S.C. § 113 (c) and possession of a prohibited object by an inmate in violation of 18 U.S.C. § 1791 (a)(2). These charges arose from…