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UNITED STATES v. CANALES

No. 78-5079. Summary Calendar.

585 F.2d 137 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Elena Claire CANALES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 19, 1979.

Attorney(s) appearing for the Case

Roland E. Dahlin, II, Fed. Public Defender, Houston, Tex., Gustavo L. Acevedo, Asst. Fed. Public Defender, Laredo, Tex., Karen K. Brown, Asst. Fed. Public Defender, Houston, Tex., for defendant-appellant.

J. A. Canales, U. S. Atty., Anna E. Stool, George A. Kelt, Jr., Emilio Davila, James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before CLARK, GEE and FAY, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 19, 1979.

PER CURIAM:

The sole issue on this appeal concerns a supposedly improper comment by the prosecutor, made in closing argument, on defendant Canales' failure to make exculpatory statements after receiving Miranda warnings. See Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976).

Mrs. Canales was apprehended at the Sarita immigration check...

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