United States v. Jose Luis Eliseo Arias Quijada (10th Cir. 2019)

The Court affirmed the district court's refusal to instruct the jury on durress, holding that the defendant asserting duress must show either: 1) “a bonafide effort to surrender to law enforcement officials once the alleged duress ends” or 2) “the duress defense elements were satisfied throughout the entirety of his criminal conduct.” The Court rejected the defendant’s argument that he was under duress during the three years he illegally lived in the U.S. due to the belief that he would be deported back to El Salvador, holding that the defendant’s subjective belief was not supported by the record and there was no evidence that his asylum claim would have been denied.
Published by Pate & Johnson
Contact Tom Church at tom@patejohnson.com with any comments, questions or feedback.

© 2019 The Federal Docket