United States v. Contento-Pachon

723 F.2d 691 (9th Cir. 1984)

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Nature of the Case

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Facts

D is a native of Bogota, Colombia and was employed as a taxicab driver. D was offered a job as the driver of a privately-owned car. Instead of a driving job, D was told to swallow cocaine-filled balloons and transport them to the United States. D agreed to consider the proposition. D was told not to mention the proposition to anyone, otherwise, he would 'get into serious trouble.' D testified that he did not contact the police because he believes that the Bogota police are corrupt and that they are paid off by drug traffickers. A week later D said he would not carry the cocaine. In response, detailed facts about D's personal life, including private details divulged and that D's failure to cooperate would result in the death of his wife and three-year-old child. D's life and the lives of his family were threatened a number of times. D agreed to take the cocaine into the United States. D swallowed 129 balloons of cocaine. D was told that if he failed to follow instruction he and his family would be killed. When he arrived at the customs inspection point in Los Angeles, D consented to have his stomach x-rayed. The x-rays revealed a foreign substance which was later determined to be cocaine. At D's trial, the government moved to exclude the defenses of duress and necessity. The motion was granted. D was convicted and appealed.