United States v. Willi

38 F.3d 170 (1994)

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Nature of the Case

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Facts

Willis (D) was convicted for carrying a firearm during the commission of a drug trafficking crime. In 1992, an undercover officer contacted D and agreed to meet with D in a restaurant to proceed with a drug deal. D brought along her boyfriend, Perez. Perez was carrying a gun at the restaurant, and he realized that police officers were present. Perez then slipped his gun into the purse of the D. As Perez, and the D left the restaurant, they were both arrested. When being arrested, D made no attempt to reach for the gun and immediately told the arresting officers of its presence in her purse. D later signed a confession and said that she and Perez planned to sell four pounds of marijuana. At trial, D raised the defense of duress. She said that she greatly feared Perez because of beatings she had received from him in the past. Other witnesses supported this account. D then called an expert witness to testify about D's battered woman's syndrome in relation to her defense of duress. This defense was not permitted by the district court and an appeal is brought on that point.