United States v. Immanuel Okunbor, United States of America v. Osaretin Omobagie

38 F.3d 1219 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Immanuel OKUNBOR, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Osaretin OMOBAGIE, Defendant-Appellant. Nos. 93-50029, 93-50030. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 9, 1994. Decided Oct. 18, 1994. Before: D.W. NELSON, BEEZER, and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 Immanuel Okunbor ("Okunbor") and Osaretin Omobagie ("Omobagie"), Nigerian nationals, appeal their convictions on three counts of possession and distribution of heroin under 21 U.S.C. Sec. 841 (a)(1), and one count of conspiracy under 21 U.S.C. Sec. 846 . We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 I. The Duress Defense. 4 The defendants first contend that the court erred in refusing to instruct the jury on duress. "The duress defense has three elements: (1) an immediate threat of death or serious bodily injury, (2)…