United States v. Todd Eugene Cannady

74 F.3d 1246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Todd Eugene CANNADY, Defendant-Appellant. No. 95-10123. United States Court of Appeals, Ninth Circuit. Submitted Nov. 15, 1995. * Decided Jan. 3, 1996. Before: CHOY, SKOPIL, FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Todd Cannady appeals his conviction for assault on a federal officer in violation of 18 U.S.C. Sec. 111 . Cannady contends that the district court erred by denying his request to instruct the jury on the defense of duress. Because Cannady failed to adduce sufficient evidence to establish a prima facie case of duress, we conclude that the district court did not abuse its discretion by declining to instruct the jury on the defense. See United States v. Duran, 59 F.3d 938, 941 (9th Cir.), cert. denied, 116 S.Ct. 535 (1995). Thus, we affirm Cannady's conviction. 3 A defendant is entitled to a duress instruction only when he makes a prima facie showing of…