United States First Circuit

Conviction for aiding and abetting and conspiracy in relation to drug offenses is affirmed over defendant's claims that the district court erred by not declaring a mistrial after a government witness testified regarding defendant's election to exercise his Fifth Amendment rights to remain silent and to request an attorney, and after the government made unrelated improper remarks in closing arguments.

Appellate Information

• Decided 06/06/2007
• Published 06/06/2007

Judges

• DICLERICO, District Judge., Before TORRUELLA, Circuit Judge, LIPEZ, Circuit Judge, and DiCLERICO, Jr., District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Rafael F. Castro-Lang, for appellant.


• For Appellees:
  
• G. Andrew Massucco-LaTaif, Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, Appellate Division, and Thomas F. Klumper, Assistant United States Attorney, were on brief for appellee.