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PEOPLE OF TERRITORY OF GUAM v. VELORIA

No. 97-10201.

136 F.3d 648 (1998)

The PEOPLE OF the TERRITORY OF GUAM, Plaintiff-Appellee, v. Cesar Celestian VELORIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 13, 1998.

Attorney(s) appearing for the Case

Howard Trapp, Howard Trapp Inc., Agana, Guam, for defendant-appellant.

David M. Moore, Assistant Attorney General, Agana, Guam, for plaintiff-appellee.

Before: REINHARDT, LEAVY, and THOMAS, Circuit Judges.

LEAVY, Senior Circuit Judge:

Cesar Veloria was convicted in the Superior Court of Guam of first degree criminal sexual conduct, second degree criminal sexual conduct, and child abuse. Veloria contends that the prosecutor improperly elicited testimony regarding his invocation of his right to remain silent after being arrested and advised of his constitutional rights. We hold that the violation constitutes plain error which requires a new trial.

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