United States v. Maurice v. Gant

RIPPLE, Circuit Judge.

Maurice Gant appeals the jury verdict convicting him of conspiracy to distribute cocaine base, attempt to possess with intent to distribute cocaine base, and use of the United States mail to facilitate the commission of a felony. See 18 U.S.C. § 2 (1988); 21 U.S.C. §§ 841, 843(b), 846 (1988). He submits that the government’s repeated references to his post-arrest silence during cross-examination and closing argument, over defense counsel’s timely objections, violated his Fifth Amendment right to due process under Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91…