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UNITED STATES v. MONAGHAN

No. 83-2325.

741 F.2d 1434 (1984)

UNITED STATES of America v. Eric J. MONAGHAN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 24, 1984.

Attorney(s) appearing for the Case

John P. Dwyer, Washington, D.C., with whom James Klein, Washington, D.C., was on the brief, for appellant.

Raymond C. Hurley, Asst. U.S. Atty., Washington, D.C., of the Bar of the District of Columbia Court of Appeals, pro hac vice by special leave of the Court, with whom Joseph E. diGenova, U.S. Atty., Michael W. Farrel, Thomas J. Tourish, Jr. and Theodore A. Shmanda, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before WILKEY and EDWARDS, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge WILKEY.

Dissenting opinion filed by Circuit Judge HARRY T. EDWARDS.

WILKEY, Circuit Judge:

The propriety of the prosecutor's closing remarks to the jury, an issue raised not infrequently in appeals, is the question here. Appellant Monaghan contends that the prosecutor made impermissible references to his decision not to take the witness stand, and that the prosecutor...

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