Mosley

*258 MEMORANDUM **

Federal prisoner Ronald Craig Mosley (“Defendant”) appeals from the district court’s decision denying his motion to present a duress defense in the criminal proceeding against him for escaping from federal custody, in violation of 18 U.S.C. § 751 (a). Defendant escaped from his assigned half-way house because he feared that a fellow inmate would carry out an immediate threat of serious bodily injury to him or his family. Defendant remained hidden for five weeks before voluntarily surrendering himself to the federal probation office. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court’s judgment of conviction.

Defendant claims that he escaped from the half-way house because of a well-grounded fear for his well being. He asserted that he intended to remain in hiding only until the date he believed the threat would end.

The district court’s preclusion of a duress defense is reviewed de novo. United States v. Contento-Pachon, 723 F.2d 691, 693 (9th Cir., 1984).

The Ninth Circuit has established a four-factor test to determine if a defendant has established a prima facie case for a defense of duress in a prosecution for escape…