UNITED STATES v. HOZIAN

No. 79-1471.

622 F.2d 439 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Lee HOZIAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 30, 1980.


Attorney(s) appearing for the Case

Edward P. Davis, Jr., Rankin, Oneal, Center, Luckhardt, Marlais, Lund & Hinshaw, San Jose, Cal., for defendant-appellant.

Cedric C. Chao, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before THORNBERRY, SCHROEDER and FARRIS, Circuit Judges.


FARRIS, Circuit Judge:

Kenneth Lee Hozian appeals his conviction for conspiracy and possession with intent to distribute cocaine in violation of 21 U.S.C. § 841. He contends 1) that the prosecutor improperly commented on his failure to testify in violation of his Fifth Amendment rights, 2) that the trial court violated Rule 16 of the Federal Rules of Criminal Procedure in allowing testimony concerning a booking sheet that had been destroyed, and 3) that it was...

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