United States v. Ramon Velarde-Gomez

WARDLAW, Circuit Judge:

Ramon Velarde-Gomez (“Velarde”) appeals his conviction under 21 U.S.C. §§ 952 and 960 for importation of marijuana, and under 21 U.S.C. § 841(a)(1) for possession of marijuana with intent to distribute. The government elicited testimony about Velarde’s post-arrest, pre-Mi-randa non-responses to questions during an interview by border agents, characterizing Velarde’s non-reaction as “demeanor” evidence. The district court allowed this *1026testimony over Velarde’s objection, agreeing in large measure with the government’s characterization and also finding a subsequent waiver…