United States Fifth Circuit

Conviction for unlawful possession of a firearm by a convicted felon is affirmed where: 1) since defendant was not read Miranda warnings after he was arrested, prosecutor's comments regarding his silence did not violate due process; 2) assuming arguendo that a prosecutor's use of defendant's post-arrest, pre-Miranda silence as substantive evidence of guilt was constitutionally improper, defendant could not establish plain error; and 3) there was sufficient evidence to support his conviction.

Appellate Information

• Decided 03/05/2007
• Published 03/06/2007

Judges

• DENNIS, Circuit Judge:, Before GARWOOD, DENNIS and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Renee Harris Toliver, Fort Worth, TX, Susan B. Cowger, Chad Eugene Meacham, Dallas, TX, for Plaintiff-Appellee., Jason Douglas Hawkins, Dallas, TX, for Defendant-Appellant.