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HAYES v. UNITED STATES

No. 20780.

368 F.2d 814 (1966)

Calvin HAYES, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

November 16, 1966.

Attorney(s) appearing for the Case

Stanford H. Atwood, Jr., San Jose, Cal., for appellant.

Sylvan A. Jeffesen, U. S. Atty., Jay F. Bates, Asst. U. S. Atty., Boise, Idaho, for appellee.

Before HAMLIN, MERRILL and BROWNING, Circuit Judges.

PER CURIAM.

Appellant was convicted for violating the Dyer Act, 18 U.S.C. § 2312. His sole ground for appeal is that the prosecutor's closing argument constituted comment on his failure to testify.1 Jurisdiction of this court is based on 28 U.S.C. §§ 1291 and 1294.

The rule that a defendant's refusal to testify may not be commented on is, of course, based on the Fifth Amendment

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