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UNITED STATES v. FOSTER

No. 91-50645.

995 F.2d 882 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Karla FOSTER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 3, 1993.

Opinion on Rehearing June 14, 1993.

Attorney(s) appearing for the Case

David H. Bartick and Jan Edward Ronis, Ronis & Ronis, San Diego, CA, for defendant-appellant, Karla Foster.

Randy K. Jones, and Patrick K. O'Toole, Asst. U.S. Attys., San Diego, CA, for plaintiff-appellee.

Before: BROWNING, SCHROEDER and FLETCHER, Circuit Judges.

SCHROEDER, Circuit Judge:

In its petition for rehearing, the government contends for the first time in this appeal that Miranda warnings were not given, and that hence, pursuant to Fletcher v. Weir, 455 U.S. 603, 102 S.Ct. 1309, 71 L.Ed.2d 490 (1982), the evidence regarding post-arrest silence was properly admitted and did not constitute error under Doyle v. Ohio,

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