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UNITED STATES v. KAYE

No. 84-1863.

779 F.2d 1461 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Alan KAYE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 27, 1985.

Attorney(s) appearing for the Case

Steve Soltis, Asst. Federal Public Defender (David E. Booth, Federal Public Defender, with him on the briefs), Oklahoma City, Okl., for defendant-appellant.

Roger Hilfiger, U.S. Atty. (Lynda C. Burris, Asst. U.S. Atty., with him on the brief), Muskogee, Okl., for plaintiff-appellee.

Before McKAY and SETH, Circuit Judges and GREENE, District Judge.

J. THOMAS GREENE, District Judge.

This appeal is taken by Alan R. Kaye from the trial court's refusal to grant a mistrial after a government agent witness and the prosecutor made what appellant believes were improper comments on appellant's silence and right to remain silent. The appellant's claim arises out of comments made by the agent witness and prosecutor to answer or rebut certain inferences raised by defense counsel regarding the nonexistence of handwriting...

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