United States v. Timothy Agbayani Racimo

995 F.2d 234 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Timothy Agbayani RACIMO, Defendant-Appellant. No. 92-10578. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 1, 1993. Before: HUG, WIGGINS and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Timothy Abgayani Racimo appeals his conviction and 151-month sentence, following a jury trial, for conspiracy, distribution of cocaine and marijuana, interstate travel in aid of racketeering, and aiding and abetting in violation of 18 U.S.C. §§ 2 , 1952(a)(3) and 21 U.S.C. §§ 841 (a)(1), 846. Racimo contends that the district court erred by (1) improperly instructing the jury on the defense of duress and (2) refusing to depart downward based upon either an imperfect defense of duress or aberrant behavior. We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part and dismiss in part. 3 * We review de novo whether a…