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Duress Defense Denied to Reentry Defendant

By Shari Allison

U.S. v. Portillo-Madrid, 2008 WL 4183915 (9/12/08) (unpub'd) - The district court correctly refused to give a duress instruction in a reentry case where the defendant asserted he fled El Salvador and entered the U.S. because he was threatened with death due to his participation in a court proceeding. The defendant did not meet the duress requirement that he have no reasonable opportunity to escape the threatened harm. He had an opportunity to seek assistance from authorities in El Salvador and the United States. He did not seek help even though he lived in the U.S. for 6 years. His alleged belief that he could seek refuge in the U.S. as long as he obeyed the laws was irrelevant.

Full post as published by Tenth Circuit Blog on September 16, 2008 (boomark / email).