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UNITED STATES v. MIRANDA

No. 77-5814.

593 F.2d 590 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Fernando MIRANDA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 12, 1979.

Attorney(s) appearing for the Case

Marc Cooper, Lawrence E. Besser, Donald I. Bierman, Miami, Fla., for defendant-appellant.

Jack V. Eskenazi, U. S. Atty., R. Jerome Sanford, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, TUTTLE and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

In this case we examine appellant Miranda's claim1 that the prosecutor's reference in closing argument to his coconspirator's conviction on less evidence than that presented against appellant deprived him of a fair trial. We find merit to Miranda's contention and reverse and remand his case for a new trial.

I.

After an earlier attempt at importation...

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