United States v. Gonzalez

407 F.3d 118 (2005)

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United States v. Gonzalez

United States Court of Appeals for the Second Circuit
407 F.3d 118 (2005)

SR

Facts

Evelyn Gonzalez (defendant) was involved in a conspiracy to sell cocaine with her common-law husband, Arquimedes Morban, and José Padua. Morban was arrested for transporting cocaine. Gonzalez was later arrested for her involvement in the conspiracy. At trial, Gonzalez testified that she was essentially uninvolved in the conspiracy before Morban’s arrest. Gonzalez claimed that after Morban’s arrest, Padua threated to kill her and her family unless Morban’s drug debts were paid, which led to her increased involvement in the conspiracy. Gonzalez testified that she never sought police assistance because she did not think the police would listen to her and also because she thought she would be made to testify against her husband. Gonzalez requested that the jury be instructed on the defense of duress. The District Court for the Southern District of New York denied the request. The jury found Gonzalez guilty of conspiracy to possess and distribute cocaine. Gonzalez appealed.

Rule of Law

Issue

Holding and Reasoning (Meskill, J.)

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