United States v. John Joseph Gallimore

9 F.3d 1554 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John Joseph GALLIMORE, Defendant-Appellant. No. 93-50077. United States Court of Appeals, Ninth Circuit. Submitted Aug. 5, 1993. * Decided Oct. 28, 1993. Before: CHOY, GOODWIN, and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 John Gallimore appeals the district court's granting of the government's motion to preclude evidence to establish a duress defense in his trial for escape from confinement. Specifically, Gallimore challenges the court's holding that he had not produced enough evidence to allow a jury finding that he had surrendered to the authorities immediately upon reaching a position of safety. See United States v. Michelson, 559 F.2d 567, 570 (9th Cir.1977). 3 Gallimore argues that he never reached a position of safety, because he had no assurances that the situation from which he escaped would be investigated or remedied if he surrendered. A "position of…