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U.S. v. RAMIREZ-ESTRADA

No. 12-50340.

749 F.3d 1129 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Angel RAMIREZ-ESTRADA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 25, 2014.

Attorney(s) appearing for the Case

Caitlin E. Howard , Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Anne Kristina Perry (argued), Assistant United States Attorney, Laura E. Duffy , United States Attorney, and Bruce R. Castetter , Assistant United States Attorney, Chief, Appellate Section, Criminal Division, San Diego, CA, for Plaintiff-Appellee.

Before: MARY M. SCHROEDER and RICHARD R. CLIFTON, Circuit Judges, and JOHN R. TUNHEIM, District Judge.

OPINION

CLIFTON, Circuit Judge:

This case concerns the scope of a criminal defendant's constitutional rights under Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976), which prevents impeachment of a defendant with his post-Miranda silence. Defendant-Appellant Jose Angel Ramirez-Estrada was convicted after a jury trial of attempted illegal reentry and making a false claim to U.S. citizenship. Ramirez...

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