U.S. v. RODRIGUEZ

No. 99-10982.

260 F.3d 416 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Reymundo RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 30, 2001.


Attorney(s) appearing for the Case

Delonia Anita Watson (argued), Fort Worth, TX, for Plaintiff-Appellee.

Peter Michael Fleury, Asst. Federal Public Defender, Fort Worth, TX, for Defendant-Appellant.

Before SMITH and DENNIS, Circuit Judges, and ROETTGER, District Judge.


DENNIS, Circuit Judge:

Reymundo Rodriguez, a U.S. Postal Service employee, was convicted by a jury of misappropriating postal funds, 18 U.S.C. § 1711, and sentenced to five months imprisonment and two years supervised release. He appealed. We reverse his conviction and sentence. Rodriguez's right to due process was violated when the trial court permitted the prosecutor to argue to the jury that it should infer guilt from Rodriguez's election to remain silent...

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