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U.S. v. NEWMAN

No. 90-10387.

943 F.2d 1155 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Gary A. NEWMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1991.

Attorney(s) appearing for the Case

Negatu Molla, Snell & Wilmer, Tucson, Ariz., for defendant-appellant.

Robert L. Miskell, Asst. U.S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before CHOY and SNEED, Circuit Judges, and KELLEHER, District Judge.

SNEED, Circuit Judge:

Appellant, Gary A. Newman, appeals from his criminal conviction for setting fire to lands within the Coronado National Forest in southern Arizona. He argues that he was prejudiced by testimony regarding his post-arrest silence. We agree and reverse Newman's conviction.

I.

FACTS AND PROCEEDINGS BELOW

On May 29, 1989, two Forest Service special agents (Boerman and McCormick) began surveillance of fellow employee Gary...

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