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U.S. v. PORTILLO-VEGA

No. 04-4194.

478 F.3d 1194 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Leonardo PORTILLO-VEGA, also known as Jose Galvan, also known as Leonardo Alcarras-Galvan, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 28, 2007.

Attorney(s) appearing for the Case

Howard A. Pincus, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the briefs) for Defendant-Appellant.

Dustin B. Pead, Assistant United States Attorney (Paul M. Warner, United States Attorney, with him on the brief), Salt Lake City, UT, for Plaintiff-Appellee.

Before BRISCOE, Circuit Judge, ANDERSON, Senior Circuit Judge, and O'BRIEN, Circuit Judge.

O'BRIEN, Circuit Judge.

Leonardo Portillo-Vega was indicted with one count of illegal re-entry after deportation in violation of 8 U.S.C. § 1326. He filed a notice of intent to present a duress defense and a motion for a jury instruction to that effect. After the district court denied his motion and granted the government's motion in limine to preclude the defense, Portillo-Vega proceeded to trial. He was convicted and sentenced to seventy-seven months imprisonment...

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