USA v. Jose Portillo-Meza

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UNPUBLISHED OPINION FILED. [13-11330 Affirmed] Judge: WED , Judge: EBC , Judge: GJC. Mandate pull date is 10/08/2014 for Appellant Jose Portillo-Meza [13-11330]

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Case: 13-11330 Document: 00512772259 Page: 1 Date Filed: 09/17/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-11330 Summary Calendar United States Court of Appeals Fifth Circuit FILED September 17, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. JOSE PORTILLO-MEZA, Defendant-Appellant Appeals from the United States District Court for the Northern District of Texas USDC No. 3:12-CR-205-1 Before DAVIS, CLEMENT, and COSTA, Circuit Judges. PER CURIAM: * Jose Portillo-Meza appeals his conviction for illegally reentering the United States after removal. He urges that the district court erred in not allowing him to present a necessity or duress defense. He has not shown that he satisfied the requirements for such a defense. See United States v. PosadaRios, 158 F.3d 832, 873 (5th Cir. 1998); United States v. Gant, 691 F.2d 1159, 1162-65 (5th Cir. 1982). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 13-11330 Document: 00512772259 Page: 2 Date Filed: 09/17/2014 No. 13-11330 Additionally, Portillo-Meza theorizes that excluding such a defense can result in an inconsistency between a criminal case and an immigration case. He has shown no error. AFFIRMED. 2

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