United States Ninth Circuit

A conviction for possession of methamphetamine with intent to distribute is affirmed where: 1) any error was harmless, for purposes of a claim that the district court violated Supreme Court precedent by failing to give a requested instruction that the jury make no adverse inference from his constitutionally protected choice not to testify; and 2) the district court properly instructed the jury on the government's burden of proof.

Appellate Information

• Argued 11/07/2007
• Decided 03/19/2008
• Published 03/19/2008

Judges

• Before:  WILLIAM C. CANBY, JR., SUSAN P. GRABER, and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Tracy A. Staab, Research & Writing Attorney, Federal Defenders of Eastern Washington & Idaho, Spokane, WA, for the defendant-appellant., Thomas J. Hanlon, Assistant United States Attorney, Yakima, WA, for the plaintiff-appellee.