Sumner

MEMORANDUM *

Jeffrey Dean Sumner appeals his conviction and the sentence imposed for importation of marijuana and possession with intent to distribute marijuana, in violation of 21 U.S.C. §§ 952 , 960, and 841(a)(1).

Sumner argues that his duress defense refutes the knowing element of the offense. Therefore, instead of model jury instruction 6.6 (placing the burden of proving duress on the defendant), the district court should have used model jury instruction 6.5 (requiring the prosecution to prove defendant was not under duress). In United States v. Meraz-Solomon, 3 F.3d 298 (9th Cir.1993), this Court concluded:

Meraz-Solomon, 3 F.3d at 299 (internal citations omitted). Meraz-Solomon, like Sumner, was convicted of importation of narcotics in violation of § 952 and § 960. The jury instructions as given were correct.

A separate ground for affirming is that Sumner’s counsel offered proposed *120 jury instruction No. 8 that provided “Defendant must prove duress by a preponderance of the evidence.” This language mirrors that of model jury instruction 6.6 of which Sumner now claims error. Sumner’s counsel did not object to the burden being placed on the defendant. “Where the…