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U.S. v. LOPEZ

No. 14-4610.

818 F.3d 125 (2016)

UNITED STATES of America v. Victor LOPEZ a/k/a Alex Lopez, Victor Lopez, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: April 20, 2016.

Attorney(s) appearing for the Case

Steven G. Sanders, Esq. , [Argued], Mark E. Coyne, Esq. , Office of United States Attorney, Newark, NJ, for Appellee, United States of America.

Maria K. Pulzetti, Esq. [Argued], Brett G. Sweitzer, Esq. , Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA, for Appellant, Victor Lopez.

Before McKEE, Chief Judge, JORDAN and VANASKIE, Circuit Judges.

OPINION

As established by Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976), the right to remain silent contains an implicit promise that a defendant's post-Miranda silence will not carry adverse consequences. This promise prohibits a prosecutor from impeaching...

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