Mandefro

MEMORANDUM **

The district court did not err in denying Mandefro’s motion for judgment of acquittal pursuant to Fed.R.Crim.P. 29 on the charge of failing to depart the United States in violation of 8 U.S.C. § 1253 (a)(1)(B). The defendant stipulated to the first two elements of the offense, that there existed a final order of removal outstanding against the defendant, and that he was a “deportable alien” within the meaning of 8 U.S.C. § 1227 (a) (a “deportable alien”). Mandefro contested the third element — failure or refusal to make a timely application in good faith for travel or other documents necessary for departure. However, the district court correctly concluded that Mandefro had not established a prima facie case of duress because he did not prove an immediate threat of death or serious bodily injury. United States v. Moreno, 102 F.3d 994, 997 (9th Cir.1996). Mandefro concedes as much, but'argues that he has a well founded fear of injury if he returns to Ethiopia. However, “[f]ear alone is not enough to establish a prima facie case of duress; the defendant must establish all three elements.” United States v. Becerra, 992 F.2d 960, 964 (9th Cir.1993). Absent a prima facie…