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U.S. v. ANDÚJAR-BASCO

No. 06-1288.

488 F.3d 549 (2007)

UNITED STATES, Appellee, v. José R. ANDÚJAR-BASCO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 6, 2007.

Attorney(s) appearing for the Case

Rafael F. Castro-Lang, for appellant.

G. Andrew Massucco-LaTaif, Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, Appellate Division, and Thomas F. Klumper, Assistant United States Attorney, were on brief for appellee.

Before TORRUELLA, Circuit Judge, LIPEZ, Circuit Judge, and DiCLERICO, Jr., District Judge.

DICLERICO, District Judge.

A jury convicted José R. Andújar-Basco of conspiring and aiding and abetting the possession with intent to distribute five or more kilograms of cocaine. Andújar seeks a new trial, arguing that the district court erred by not declaring a mistrial (1) after a government witness testified regarding Andújar's election to exercise his Fifth Amendment rights to remain silent and to request an attorney, and (2) after the government...

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