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U.S. v. HERNANDEZ

No. 05-50920.

476 F.3d 791 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Marcos Alonzo HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 14, 2007.

Attorney(s) appearing for the Case

James Fife, Federal Defenders of San Diego, Inc., San Diego, CA, for appellant Marcos Alonzo Hernandez.

Bruce C. Smith, Assistant United States Attorney, San Diego, CA, for appellee United States of America.

Before: PREGERSON, GOULD, and CLIFTON, Circuit Judges.

GOULD, Circuit Judge:

Petitioner Marcos Alonzo Hernandez ("Hernandez") appeals his convictions for possession of methamphetamine with intent to distribute and for importation of more than fifty grams of methamphetamine. Hernandez argues that his convictions must be reversed because the district court admitted testimony commenting on his silence during custodial interrogation, in violation of the Fifth Amendment, and because the district court erroneously denied his...

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