United States Fifth Circuit

Convictions and sentences for drug-related offenses are affirmed over claims that: 1) the prosecutor commented on their post-arrest, pre-trial, silence during its rebuttal closing argument; 2) the government improperly bolstered its witnesses' testimony during closing argument; and 3) the district court erred by denying one defendant a downward adjustment of his base offense level pursuant to U.S.S.G. section 3B1.2.

Appellate Information

• Decided 02/07/2008
• Published 02/08/2008

Judges

• GARWOOD, Circuit Judge:, Before GARWOOD, GARZA and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Mark Michael Dowd (argued), Brownsville, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S., Marjorie A. Meyers, Fed. Pub. Def., Margaret Christina Ling, Asst. Fed. Pub. Def., Sarah Beth Landau (argued), Houston, TX, for Martinez-Larraga., Jon Karl Schmid (argued), Law Office of Jon Karl Schmid, Brownsville, TX, for Garza-Guevarra., Philip T. Cowen (argued), Brownsville, TX, for Guevarra-Rodarte., Larry Chris Iles (argued), Rockport, TX, for Romeo-Ortiz.