SmartBrief
0
Confirm favorite deletion?
Criminal Law Keyed to Kennedy
United States of America v. Juan Manuel Contento-Pachon
Citation:
723 F.2d 691 (9th Cir. 1984)Facts
The defendant worked as a taxi driver in Colombia. One of his passengers, Jorge, offered him a job as the driver of a privately-owned car. He met with Jorge and the owner of the car the next day. However, instead of a driving job, Jorge proposed that the defendant swallow cocaine-filled balloons and transport them to the United States. The defendant agreed to consider it, and was warned that if he told anyone he would “get into serious trouble.”
One week later, the defendant told Jorge that he wouldn’t do it. Jorge then listed off personal facts about Jorge, and told him that his failure to cooperate would result in the death of his wife and child. The following day, the defendant and Jorge met again and the defendant’s life and the life of his family were threatened again. The defendant agreed to take the cocaine into the United States.
The defendant swallowed 129 balloons of cocaine. He was informed that he would be watched at all times, and if he failed to follow any instructions, he and his family would be killed. The defendant testified that he did not alert any police in Bogota and Panama because he felt as if they were corrupt, and that any such action on his prat would place his family in jeopardy. At a customs inspection point in Los Angela, the defendant consented to a stomach x-ray and was caught with the balloons.
At trial, the defendant attempted to offer evidence of duress and necessity. The court did not allow him to do so. The defendant was found guilty.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
4m 6sTopic Outline 
Topic Refresher Course 