131122P.pdf   12/09/2013  United States  v.  Jose Diaz
   U.S. Court of Appeals Case No:  13-1122
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Chief Judge Riley, Author, with Bye and Gruender, Circuit 
   Judges] 
   Criminal Case - conviction and sentence. The district court did not err in 
   finding Diaz was not in custody when he was interviewed by police 
   officers, as a reasonable person in Diaz's position would have felt at 
   liberty to terminate the interrogation and leave. The district court did 
   not err in refusing to submit a duress or coercion jury instruction, as 
   the district court correctly determined Diaz failed to show he was under a 
   threat at all, much less a threat of death or serious bodily injury, and 
   he had various opportunities to seek help and elected not to do so. The 
   district court did not err in denying Diaz's motion for judgment of 
   acquittal, as the government presented strong direct and circumstantial 
   evidence that Diaz knowingly took part in the conspiracy as a drug 
   courier. The district court did not commit clear error or abuse its 
   discretion in denying safety valve relief, as the district court concluded 
   Diaz failed to provide completely and truthfully all the evidence and 
   information he had and because his testimony was internally inconsistent.