United States of America, Plaintiff-appellee, v. Paul J. Cavanaugh, Jr., Defendant-appellant, 132 F.3d 40 (9th Cir. 1997)

MEMORANDUM^* 

Paul J. Cavanaugh appeals his conviction and fifty-seven month sentence following a jury trial for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Cavanaugh contends that the district court erred by denying his request for a jury instruction based on a justification defense. This contention lacks merit because Cavanaugh failed to demonstrate the elements of a justification defense. See United States v. Gomez, 92 F.3d 770, 775 (9th Cir. 1996) (explaining that "if the evidence, viewed in the light most favorable to the defendant, is adequate to make out a justification defense, [the defendant] is entitled to present it and have the jury instructed accordingly"); see also United States v. Lemon, 824 F.2d 763, 765 (9th Cir. 1987) (setting forth the elements of a justification defense).

Cavanaugh also contends that he was entitled to a downward departure for duress. We lack jurisdiction to consider this claim. See United States v. Webster, 108 F.3d 1156, 1158 (9th Cir. 1997) (stating we lack jurisdiction to review a district court's discretionary refusal to depart downward).

AFFIRMED.