Hernandez-Torres

MEMORANDUM **

Jose Hernandez-Torres appeals his conviction on charges of importation marijuana and possession of marijuana with intent to distribute, in violation of 21 U.S.C. §§ 952 , 960, and 841(a)(1). We affirm.

Hernandez-Torres argues that the district court erred by prohibiting testimony about the Arellano-Felix drug trafficking organization and by failing to instruct the jury on duress. Neither argument has merit. First, the district court did not prohibit testimony about the drug cartel. It merely refused to allow general evidence about the Arellano-Felix organization until after the defendant testified that he smuggled drugs because he was under an implicit threat by someone associated with the cartel. The district court gave the defendant ample opportunity to recall customs inspectors to testify on that issue, but the defense declined to do so. The district court’s limitation of cross-examination was entirely proper and did not violate the defendant’s Sixth Amendment rights.

Second, the evidence presented by Hernandez-Torres did not warrant a duress instruction. There are three elements of a duress defense: “(1) an immediate threat of death or serious bodily injury,…