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Legal Opinion

United States v. Musquiz

Court of Appeals for the Fifth Circuit

Decided February 6, 1995No. 93-02600PublishedCited by 53 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Robert Martinez Gatewood and Gilbert Martinez Musquiz appeal their criminal convictions on cocaine charges, urging that their conduct was misread — they were not dealing but trying to collect DEA reward money by turning in drug dealers. The main issue now is whether the trial court should have allowed the prosecutor to cross-examine Mus-quiz about why he failed to offer this explanation and instead remained silent after he was arrested and before receiving Miranda warnings. We hold that the questions were permissible, reject other contentions, and affirm.

2Cases cited10 opinions

  1. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  2. Zafiro v. United StatesSupreme Court of the United States · 1993
  3. Fletcher v. WeirSupreme Court of the United States · 1982
  4. Anderson v. CharlesSupreme Court of the United States · 1980
  5. United States v. CalverleyCourt of Appeals for the Fifth Circuit · 1994

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3Cited by53 opinions

  1. United States v. RodriguezCourt of Appeals for the Fifth Circuit · 2010
  2. United States v. JacquinotCourt of Appeals for the Fifth Circuit · 2001
  3. United States v. Garcia-MendezCourt of Appeals for the Fifth Circuit · 2005
  4. United States v. SkillingCourt of Appeals for the Fifth Circuit · 2009
  5. United States v. SalinasCourt of Appeals for the Fifth Circuit · 2007

48 more not listed; retrieve them via the Exa API.

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