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United States v. Gonzalez-Castillo, 05-41206 (2006)

Court: Court of Appeals for the Fifth Circuit Number: 05-41206 Visitors: 9
Filed: Oct. 05, 2006
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 5, 2006 Charles R. Fulbruge III Clerk 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 J
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                                                       United States Court of Appeals
                                                                Fifth Circuit
                                                             F I L E D
               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT                 October 5, 2006

                                                          Charles R. Fulbruge III
                                                                  Clerk
                            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.



     *
       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this opinion should not be published and is not precedent except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.

Source:  CourtListener

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