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U.S. v. TENORIO

No. 93-4666.

69 F.3d 1103 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Edier TENORIO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 29, 1995.

Attorney(s) appearing for the Case

Christine Stebbins Dahl, Brenda G. Bryn, Asst. Federal Public Defenders, Thomas S. White, Federal Public Defender, Miami, FL, for Appellant.

Roberto Martinez, U.S. Atty, Linda Collins Hertz, Kathleen M. Salyer, Robert K. Senior, Asst. U.S. Attys., Miami, FL, for Appellee.

Before EDMONDSON and BARKETT, Circuit Judges, and DYER, Senior Circuit Judge.

DYER, Senior Circuit Judge:

Edier Tenorio ("Tenorio") appeals his conviction claiming the district court erred in permitting the prosecutor to use post-Miranda1 silence to suggest guilt and impeach his testimony. We reverse.

Tenorio was charged with importation and possession with intent to distribute heroin, in violation of 21 U.S.C. §§ 952(a) and 841(a)(1). The three day trial commenced with the government presenting...

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