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U.S. v. DOMINGUEZ-MESTAS

No. 88-5132.

929 F.2d 1379 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco DOMINGUEZ-MESTAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 29, 1991.

Rehearing Denied April 9, 1991.

Attorney(s) appearing for the Case

Cynthia G. Aaron, Aaron & Cortez, San Diego, Cal., for defendant-appellant.

Patrick K. O'Toole and Marian E. McGuire, Asst. U.S. Attys., San Diego, Cal., for plaintiff-appellee.

Before POOLE, BOOCHEVER and WIGGINS, Circuit Judges.

PER CURIAM:

This appeal requires us to decide which party has the burden of proof for the defense of duress when a defendant is charged with unlawful importation of merchandise in violation of 18 U.S.C. § 545. The district court ruled that Francisco Dominguez-Mestas (Dominguez) bore the burden of proving duress by a preponderance of the evidence. Dominguez contends that the district court was wrong; he argues that the government has the burden of disproving duress...

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