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This section contains the nature of the case and procedural background.

Ronald McIntosh (D1) disappeared on October 28, 1986, during an unescorted transfer from F.C.I. Pleasanton to the federal prison at Lompoc. D landed a helicopter in the Pleasanton recreation yard on November 5, 1986, and flew off with Samantha Lopez (D). They were apprehended ten days later in a Sacramento shopping mall where they were buying a set of wedding rings. D was charged with escape from federal custody. D1 was indicted for air piracy, use of a weapon to commit a crime, and aiding and abetting D's escape. Ds contend that they are both entitled to raise the defense of necessity/duress to their charges. Before the judge was a motion in limine by the United States (P) to bar the presentation of on the defense of necessity/duress.

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