United States v. Gonzalez-Castillo

05-41206Court of Appeals for the Fifth Circuit5 de out. de 2006

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* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
October 5, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-41206
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN MANUEL GONZALEZ-CASTILLO,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:04-CR-713-1
--------------------
Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Juan Manuel
Gonzalez-Castillo raises arguments that are foreclosed by Dixon
v. United States, 126 S. Ct. 2437, 2442-48 (2006), which held
that the district court’s jury instruction placing the burden on
the defendant to establish the defense of duress by preponderance
of the evidence did not violate the Due Process Clause. The
Government’s motion for summary affirmance is GRANTED, and the
judgment of the district court is AFFIRMED.

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