United States v. Gonzalez-Castillo

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.