United States Third Circuit

Conviction of attempted possession with intent to distribute cocaine in violation of 21 U.S.C. sections 841(a)(1) and 846, is vacated where the Government violated defendant's Fifth Amendment rights by repeatedly referring to his post-arrest, post-Miranda silence in its case-in-chief and during closing arguments, and this error was not harmless.

Appellate Information

• Decided 07/06/2015
• Published 07/06/2015

Judges

• Smith

Court

• United States Third Circuit

Counsel