U.S. v. Contento-Pachon, 723 F.2d 691 (9th Cir. 1984)

Facts: Contento-Pachon was a Colombian taxi driver. Jorge approached him offering work, then revealed it would involve swallowing cocaine balloons and smuggling them to the U.S. Jorge threatened to kill ∆'s wife and child if he refused or alerted authorities, and described his knowledge of ∆'s family. ∆ swallowed the balloons and flew to L.A., where customs officials detained and X-rayed him. He cooperated immediately. The trial court excluded the duress and necessity defenses as a matter of law.
Issue: Whether ∆ was entitled to present his duress defense to the jury.
Rule: A duress defense requires (1) immediate threat of death or serious bodily harm, (2) well-grounded fear that the threat will be carried out, and (3) no reasonable opportunity to escape the threat.
Analysis: A jury could find each element: Jorge's threats were specific and credible; the threat against family persisted throughout the smuggling operation; ∆ reasonably feared Colombian police were corrupt and could not protect his family. The trial court erred in keeping the question from the jury.
Judgment: Duress defense restored; case remanded.

Reading: pp. 641–47. See Duress.