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U.S. v. WHITEHEAD

No. 99-50200.

200 F.3d 634 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy James WHITEHEAD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 11, 2000.

Attorney(s) appearing for the Case

Joseph J. Burghardt, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellant.

John H. Gomez, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: THOMAS, SILVERMAN, and WARDLAW, Circuit Judges.

WARDLAW, Circuit Judge:

Timothy James Whitehead ("Whitehead") seeks reversal of his jury conviction for importation of marijuana, see 21 U.S.C. §§ 952, 960 (1994), and importation of marijuana with intent to distribute, see id. § 841(a)(1), on the ground that the government infringed upon his Fifth Amendment right to remain silent. In particular, Whitehead contends that the district court erred in admitting evidence of his post-arrest...

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