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United States v. Gordon

United States Court of Appeals for the Ninth Circuit
526 F.2d 406 (1975)

Written by Rose VanHofwegen, JD

Facts

Joseph Gordon (defendant) was charged with possessing and selling amphetamines. At trial, he asserted the defense of duress. Specifically, Gordon claimed someone threatened to kill him and his friends unless he sold the drugs, so he believed their lives were in danger. But someone hundreds of miles away made the threats during long-distance phone calls. The trial court concluded the threats lacked the immediacy necessary for duress and convicted. Gordon appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, please start your free trial or log in.

Holding and Reasoning (Solomon, J.)

The holding and reasoning section includes:

A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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