Duress defense requires showing of lack of reasonable opportunity to escape

DURESS DEFENSE United States v. Portillo-Vega, No. 04-4194, ___ F.3d ___ (10th Cir. Feb. 26, 2007)(Utah). Appeal of conviction and sentence for illegal re-entry to U.S. after deportation in violation of 8 U.S.C. § 1326. HELD: District court did not abuse discretion in denying defendant’s use of duress defense. Where defendant had numerous opportunities over period of months to request assistance from U.S. authorities after purportedly reentering U.S. out of fear of threats made against him by Mexican authorities, defendant failed to meet necessary element of duress defense of showing he had no reasonable opportunity to escape threatened harm. Read the opinion here.