U.S. v. CARUTO

No. 07-50041.

526 F.3d 445 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Elide T. CARUTO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 12, 2008.


Attorney(s) appearing for the Case

Timothy A. Scott, San Diego, CA, for defendant-appellant.

Lawrence A. Casper and Neville S. Hedley, Assistant United States Attorneys, San Diego, CA, for plaintiff-appellee.

Before: SUSAN P. GRABER and MARSHA S. BERZON, Circuit Judges, and CLAUDIA WILKEN, District Judge.


WILKEN, District Judge:

Elide Caruto was convicted of one count of importation of cocaine in violation of 21 U.S.C. §§ 952 and 960 and one count of possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841. She argues that her trial was fundamentally unfair because the district court allowed the prosecution to emphasize in its closing argument omissions in the brief post-arrest statement she gave before invoking her Miranda...

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