United States v. Donald Scott Silks

70 F.3d 1281 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Donald Scott SILKS, Defendant-Appellant. No. 95-50000. United States Court of Appeals, Ninth Circuit. Submitted Oct. 16, 1995. * Decided Nov. 29, 1995. 1 Before: POOLE and O'SCANNLAIN, Circuit Judges; MARQUEZ, ** District Judge. 2 MEMORANDUM ** 3 Donald Silks appeals his conviction for attempted escape from federal prison in violation of 18 U.S.C. Sec. 751 (a). Silks seeks reversal and remand to the district court for a new trial and resentencing on the grounds that the district court abused its discretion in (1) excluding evidence to support the defense of lack of specific intent, and (2) in denying a motion for mistrial based on the court's alleged mistreatment of defense counsel and preclusion of evidence supporting a duress defense. 1 We affirm. 4 * At daybreak on June 1, 1993, Silks was discovered by prison staff lying at the outermost security fence near the…