United States v. Jaramillo ( 2000 )


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  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 99-41402
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    MANUEL CARRIZALES JARAMILLO,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. B-99-CR-261-1
    --------------------
    July 20, 2000
    Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
    PER CURIAM:*
    Manuel Carrizales Jaramillo appeals his jury-trial
    conviction for illegal reentry after deportation and
    impersonating a United States citizen.   He avers that the
    district court erred in failing to instruct the jury on the
    defense of duress.
    We have reviewed the record and the briefs on appeal and
    hold that the district court did not abuse its discretion in
    failing to instruct the jury on the defense of duress.     United
    States v. Tannehill, 
    49 F.3d 1049
    , 1057 (5th Cir. 1995).
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined
    that this opinion should not be published and is not precedent
    except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    No. 99-41402
    -2-
    Jaramillo failed to show that he had no reasonable legal
    alternative to violating the law.   United States v. Harvey, 
    897 F.2d 1300
    , 1304-05 (5th Cir. 1990), overruled on other grounds,
    United States v. Lambert, 
    984 F.2d 658
    , 661-62 (5th Cir. 1993)(en
    banc).
    AFFIRMED.
    

Document Info

Docket Number: 99-41402

Filed Date: 7/21/2000

Precedential Status: Non-Precedential

Modified Date: 4/17/2021