United States v. Augustin Gomez Luna
UNITED STATES of America, Plaintiff-Appellee, v. Augustin Gomez LUNA, Defendant-Appellant
Opinion
PER CURIAM:
Augustin Gomez Luna was convicted by a jury of possession with intent to distribute approximately 304 pounds of marijuana, in violation of 21 U.S.C. § 841 (a)(1), and he appeals.
In the course of his closing argument, the prosecuting attorney stated, “Did we ever hear any statements that the defendant made as to this is not my stuff, I’m looking for my friends? You guys have the wrong man, when he was arrested? Think about it.”
1
In Doyle v. Ohio, 1976,-U.S.-, 96 S.Ct. 2240 , 49 L.Ed.2d 91 , the Supreme Court forbade usage of a defendant’s silence following arrest and Miranda warnings to impeach an explanation subsequently given at the trial. In United States v. Harp, 536 F.2d 601 (5th Cir. 1976), we applied Doyle to use of silence in an impeaching fashion during the course of the government’s closing argument. Accordingly, Luna’s conviction must be reversed and a new trial held.
REVERSED AND REMANDED.
1
. The prosecutor’s comment referred to Luna’s silence after he had been arrested and warned as required by Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).
How later courts describe this case
Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.
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(Single comment by prosecutor during closing argument, tying defendant’s silence to the implausability of his defense, held reversible error, citing Harp)
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(in a brief per curiam opinion, the court summarily reversed the decision solely because of an improper Doyle reference used to impeach)
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