UNITED STATES v. BRANSON

No. 84-1025.

756 F.2d 752 (1985)

UNITED STATES of America, Plaintiff/Appellee, v. Roger BRANSON, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 29, 1985.


Attorney(s) appearing for the Case

Eric Fisher, Asst. U.S. Atty., San Francisco, Cal., for plaintiff/appellee.

Thomas J. Ferrito, Los Gatos, Cal., for defendant/appellant.

Before PREGERSON and FERGUSON, Circuit Judges, and STEPHENS, District Judge.


FERGUSON, Circuit Judge:

Defendant Roger Branson was convicted by a jury of knowingly passing counterfeit money under 18 U.S.C. § 472. He appeals this conviction on the grounds his constitutional rights were violated by several references the prosecution made to his silence during his interrogation after being read the Miranda warning. We agree that the prosecutor should not have so used Branson's protected silence and, therefore, we reverse.

Branson...

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