Not raising the defense does not bar raising trafficking as a mitigating factor later
What the document says“A failure to assert, or failed assertion of, a defense under subsection (b) by an individual who is convicted of a covered Federal offense may not preclude the individual from asserting as a mitigating factor, at sentencing or in a proceeding for any post-conviction relief, that at the time of the commission of the offense, the defendant was a victim of trafficking and committed the offense under duress.”
Neither failing to raise the duress defense nor raising it and losing may preclude a convicted person from asserting the same facts as a mitigating factor. That assertion may be made at sentencing, or in a proceeding for any relief after conviction, and its content is that the defendant was a victim of trafficking at the time of the offense and committed it under duress.
What the document actually says“A failure to assert, or failed assertion of, a defense under subsection (b) by an individual who is convicted of a covered Federal offense may not preclude the individual from asserting as a mitigating factor, at sentencing or in a proceeding for any post-conviction relief, that at the time of the commission of the offense, the defendant was a victim of trafficking and committed the offense under duress.”
Some people never raise this defense. Some raise it and lose. Either way, they can still say they were forced when the judge sets the sentence. They can say it later too.
The point can be raised as a reason for a lighter term. It can also be raised in a later bid for help. Losing once does not shut the door.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.