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UNITED STATES v. RODRIGUEZ

Nos. 79-2182, 79-2183 and 79-2220.

627 F.2d 110 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel RODRIGUEZ, William Lara, and Jose Luis Pizarro, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 12, 1980.

Attorney(s) appearing for the Case

Michael G. Cheronis, Chicago, Ill., Michael B. Mann, Maywood, Ill., Nicholas A. De-John, Chicago, Ill., for defendants-appellants.

Thomas P. Sullivan, U. S. Atty., Michael Siegel, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, WOOD, Circuit Judge, and LARSON, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

A federal prosecutor in final argument has done it again. A mere reading of a portion of the trial transcript makes clear that his comments on defendants' failure to testify violated their rights under the Fifth Amendment and 18 U.S.C. § 3481.1

The following exchange took place during the government's rebuttal:2

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