Does a defendant have made a threshold showing as to each element of the duress defense?

Whether a defendant has made a threshold showing as to each element of the duress defense is a question of law and is reviewed de novo. United States v. Contento-Pachon, 723 F.2d 691, 693 (9th Cir.1984).

To establish a duress defense in an escape from confinement prosecution, a prisoner must establish the existence of the following requirements:

1. That the threat and fear which the threat caused were immediate and involved death or serious bodily injury;

2. That the fear was well-grounded;

3. That there was no reasonable opportunity to avoid or escape the threatened harm; and

4. That the defendant submitted to proper authorities after attaining a position of safety.

United States v. Peltier, 693 F.2d 96, 98 (9th Cir.1982) (per curiam).