Cooper

United States v. Cooper

Good Law
7 F. App'x 797
United States Court of Appeals for the Ninth CircuitApril 16, 2001Nos. 99-50239, 99-50245, 99-50333; D.C. Nos. CR-97-00776-WJR-03, CR-97-00814-WJR-1, CR-97-00776-WJR-1California923 words

Opinion

Lead Opinion

MEMORANDUM **

Christine Cooper and Justin Newsom were each convicted on one count of conspiracy to commit robbery under 18 U.S.C. § 371 , one count of armed bank robbery under 18 U.S.C. § 2113 (a) & (d), and one count of using a firearm in connection with a violent crime under 18 U.S.C. § 924 (c). In a separate case, Newsom pled guilty to two counts of unarmed bank robbery in connection with two other crimes. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm Cooper’s conviction and sentence. We vacate Newsom’s sentence and remand for *799 the district court to resentence Newsom and to conform its written judgment with its oral judgment.

A. United States v. Cooper

A duress defense has three elements: “(1) an immediate threat of death or serious bodily injury, (2) a well-grounded fear that the threat will be carried out, and (3) no reasonable opportunity to escape the threatened harm.” United States v. Johnson, 956 F.2d 894, 897 (9th Cir.1992). A defendant, in proving a well-grounded fear, may not introduce evidence of a special vulnerability to fear that resulted from conduct by someone other than the person allegedly causing the defendant’s…

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