United States v. Edelmiro Montes-Gomez, United States of America v. Daniel Flores Rivera, Aka: Daniel Meza, United States of America v. Guadalupe Torres-Barraza

51 F.3d 283 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Edelmiro MONTES-GOMEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Daniel Flores RIVERA, aka: Daniel Meza, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Guadalupe TORRES-BARRAZA, Defendant-Appellant. Nos. 93-50825, 93-50862 and 94-50055. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 8, 1995. Decided March 30, 1995. 1 Before: BRUNETTI and KOZINSKI, Circuit Judges, and SHADUR, District Judge. * 2 MEMORANDUM ** Montes-Gomez, No. 93-50825 3 A. We agree with the district court that Montes-Gomez failed to make a prima facie showing of duress. Even assuming he was under a death threat of sufficient immediacy, he had ample opportunity, during the interval between his departure from Mexico and his arrest in the United States, to escape the threatened harm. Thus, as in United States v. Atencio, 586…