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U.S. v. CANTERBURY

No. 92-1028.

985 F.2d 483 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Lee CANTERBURY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 31, 1993.

Attorney(s) appearing for the Case

Charles S. Szekely, Asst. Federal Public Defender (Mark J. Rosenblum, Asst. Federal Public Defender, and Michael G. Katz, Federal Public Defender, on the brief), Denver, CO, for defendant-appellant.

John M. Hutchins, Asst. U.S. Atty. (Michael J. Norton, U.S. Atty., and Craig F. Wallace, Asst. U.S. Atty., with him on the brief), Denver, CO, for plaintiff-appellee.

Before BALDOCK and HOLLOWAY, Circuit Judges, and O'CONNOR, Senior District Judge.

EARL E. O'CONNOR, Senior District Judge.

Defendant was convicted by a jury for possession of an unregistered firearm, in violation of 26 U.S.C. § 5861(d). Defendant appeals his conviction on the ground that he was denied due process when the prosecutor made an impermissible comment on his post-arrest silence. Specifically, defendant contends that his rights were violated when the prosecutor asked him why he did not "make a clean breast of it" and tell the arresting...

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