UNITED STATES v. MENESES-DAVILA

No. 77-5677.

580 F.2d 888 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Vicente MENESES-DAVILA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 25, 1978.


Attorney(s) appearing for the Case

Gerald R. Severson (Court-Appointed), El Paso, Tex., for defendant-appellant.

Jamie C. Boyd, U. S. Atty., LeRoy M. Jahn, Asst. U. S. Atty., San Antonio, Tex., Rebecca Westfall, Asst. U. S. Atty., El Paso, Tex., W. Ray Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before RONEY, TJOFLAT and HILL, Circuit Judges.


RONEY, Circuit Judge:

Caught driving a car with 250 pounds of marijuana in the trunk, Vicente Meneses-Davila was convicted of possession of marijuana with intent to distribute. 21 U.S.C.A. § 841(a)(1). We reverse his conviction because the prosecutor impermissibly commented on defendant's post-arrest silence. Since this ground of reversal permits a retrial, we have reviewed defendant's insufficiency of the evidence contention and find that the jury could conclude...

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