United States Fifth Circuit

A conviction for aiding and abetting the possession with intent to distribute and the importation of marijuana into the United States is affirmed over claims that: 1) there was insufficient evidence to support the jury's verdict; 2) the district court erred in denying a motion for a mistrial based on an alleged prejudicial prosecutorial question; and 3) his Fifth Amendment privilege against self-incrimination was violated when the government referenced his post-arrest, pre-Miranda silence at trial.

Appellate Information

• Decided 10/04/2007
• Published 10/05/2007

Judges

• DENNIS, Circuit Judge:, Before DENNIS and PRADO, Circuit Judges, and ENGELHARDT, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Dinae D. Kirstein (argued), San Antonio, TX, for U.S., Mike Barclay (argued), Law Offices of Mike Barclay, Alpine, TX, for Pando Franco.