Duenas-Gonzalez

AMENDED MEMORANDUM **

Defendant-Appellant Francisco DuenasGonzalez appeals his conviction and seventy-eight month sentence for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . Duenas-Gonzalez admitted re-entering the United States illegally, but asserted that he did so under duress. On appeal, Duenas-Gonzalez claims that the district court erred by: (1) precluding Duenas-Gonzalez from introducing evidence in support of his duress defense; (2) denying Duenas-Gonzalez’s motion for new trial based on a violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and newly discovered evidence; (3) refusing to grant a downward departure for acceptance of responsibility; (4) refusing to grant a downward departure for imperfect duress; and (5) determining that the maximum sentence for Duenas-Gonzalez’s offense is twenty years under § 1326(b) instead of two years under § 1326(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not err in refusing to admit Duenas-Gonzalez’s proffered evidence. This evidence was irrelevant to Duenas-Gonzalez’s duress defense, cumulative, and confusing…