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UNITED STATES v. GARCIA-MORALES

Nos. 17-50323, 17-50324.

942 F.3d 474 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Abrahan GARCIA-MORALES, aka Abraham Garcia-Morales, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 31, 2019.

Attorney(s) appearing for the Case

Sarah R. Weinman (argued), Federal Defenders of San Diego Inc., San Diego, California, for Defendant-Appellant.

Daniel Earl Zipp , (argued) and Ajay Krishnamurthy , Assistant United States Attorneys; Helen H. Hong , Chief, Appellate Section, Criminal Division; United States Attorney's Office, San Diego, California; for Plaintiff-Appellee.

Dissent by Judge Bea.

OPINION

Defendant Abrahan Garcia-Morales ("Garcia") appeals his conviction for attempted transport of aliens in violation of 8 U.S.C. § 1324(a)(1)(A)(ii). Garcia alleges that the prosecution committed misconduct by introducing evidence of, and commenting on, his post-arrest silence at trial.

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