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U.S. v. FRANCIS

No. 95-5297.

82 F.3d 77 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Hassan FRANCIS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 23, 1996.

Attorney(s) appearing for the Case

ARGUED: Gregory Bruce English, English & Smith, Alexandria, Virginia, for Appellant. Joan Maxine Silverstein, Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, Mary Kendall Adler, Special Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before MURNAGHAN, LUTTIG, and WILLIAMS, Circuit Judges.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge MURNAGHAN and Judge WILLIAMS joined.

OPINION

LUTTIG, Circuit Judge:

The sole issue presented by this appeal is whether the prosecution's reference in closing argument to its "uncontradicted" evidence infringed defendant's Fifth Amendment right against self-incrimination. We hold that it did not, and therefore affirm defendant's conviction for assault.

I.

...

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