UNITED STATES v. OCHOA-SANCHEZ

No. 81-1381.

676 F.2d 1283 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Armando OCHOA-SANCHEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 10, 1982.


Attorney(s) appearing for the Case

Mario Conte, Deputy Federal Public Defender, San Diego, Cal., for defendant-appellant.

Larry P. Zoglin, Asst. U. S. Atty., argued, M. James Lorenz, U. S. Atty.; Larry P. Zoglin, Asst. U. S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

Before WRIGHT and FLETCHER, Circuit Judges, and MEREDITH, Senior District Judge.


EUGENE A. WRIGHT, Circuit Judge:

Defendant was convicted of illegal importation and possession of a controlled substance with intent to distribute. At trial he denied any knowledge that the heroin was in the car. On appeal, he claims primarily that his due process rights were violated by the prosecutor's use of post-arrest silence to impeach his trial testimony. We affirm.

I. Post-Arrest Silence

On December 15, 1980, defendant drove into the...

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