UNITED STATES of America, Plaintiff-Appellee, v. Danny MORENO, Defendant-Appellant

Danny Moreno appeals from his conviction for possession with intent to distribute cocaine base ( 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(A)). He contends that the district court erred by preventing him from presenting a duress defense and testifying regarding his state of mind concerning his fear of violence to himself and his children at the time of the commission of the charged offense. We affirm because the record shows that Moreno failed to establish a prima facie case that he acted under duress, and his proposed state of mind testimony would not have been relevant because it related solely to evidence of a defense the district court properly excluded.

I.

Honolulu police arrested Moreno at the Honolulu International Airport on May 4, 1994. Moreno’s suspicious behavior following his arrival from Los Angeles had attracted the attention of Honolulu Police Department Officer Thomas Krajewski. • Officer Krajewski approached Moreno at an exit to the terminal, identified himself as a narcotics investigator, and asked Moreno if he could talk to him briefly. Moreno consented, but appeared nervous. Moreno gave Officer Krajewski permission to inspect his carry-on bag. Officer Krajewski…