United States v. Enrique Carmargo, United States of America v. Carlos Arturo Quijano

Good Law
32 F.3d 572·1994 U.S. App. LEXIS 28938
United States Court of Appeals for the Ninth CircuitAugust 3, 199493-10306California4,679 words

Opinion

Opinion

32 F.3d 572 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Enrique CARMARGO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Carlos Arturo QUIJANO, Defendant-Appellant. Nos. 93-10306, 93-10312. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 13, 1994. Decided Aug. 3, 1994. 1 Before: WALLACE, Chief Judge, WIGGINS, Circuit Judge, TURRENTINE, * District Judge. 2 MEMORANDUM ** OVERVIEW 3 Enrique Carmargo and Carlos Arturo Quijano were convicted of (1) conspiracy to possess with intent to distribute cocaine and (2) distribution of cocaine and aiding and abetting. Carmargo and Quijano appeal several of the district court's trial and sentencing rulings. We affirm. DISCUSSION 1. Duress Instruction 4 Carmargo contends the district court erred in refusing to give an instruction on duress. 5 A defendant is not entitled to a duress instruction unless he establishes a prima facie case of…

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