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UNITED STATES v. CHAVEZ

No. 98-50910.

193 F.3d 375 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Bruce Marlin CHAVEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 2, 1999.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. (argued), U.S. Attorney, Angela S. Raba, San Antonio, TX, for Plaintiff-Appellee.

Charles Louis Roberts (argued), Lauren K.S. Murdoch, El Paso, TX, for Defendant-Appellant.

Before REYNALDO G. GARZA, JOLLY and WIENER, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

I. FACTUAL AND PROCEDURAL BACKGROUND

Appellant, Bruce Marlin Chavez, was convicted on charges relating to his involvement in a cocaine distribution operation. Chavez previously brought a direct appeal of his conviction, alleging, inter alia, that the prosecutor improperly commented on his post-arrest silence during cross-examination and closing, in violation of Doyle v. Ohio, 426 U.S. 610

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