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U.S. v. SCHULER

No. 85-5143.

813 F.2d 978 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Scott SCHULER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 26, 1987.

Attorney(s) appearing for the Case

Richard M. Steingard, Los Angeles, Cal., for defendant-appellant.

Brian Hennigan, Los Angeles, Cal., for plaintiff-appellee.

Before BOOCHEVER, NORRIS and HALL, Circuit Judges.

BOOCHEVER, Circuit Judge:

The Opinion and Dissent in this case filed September 12, 1986, are hereby withdrawn.

OPINION

Scott Schuler appeals his conviction for threatening the life of the President of the United States in violation of 18 U.S.C. § 871 (1982). At issue is whether, in closing argument, a prosecutor's reference to a non-testifying defendant's in-court behavior and demeanor, and his comment that the jury had all the admissible evidence...

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