United States v. Bruce Marlin Chavez

REYNALDO G. GARZA, Circuit Judge:

I. FACTUAL AND PROCEDURAL BACKGROUND

Appellant, Bruce Marlin Chavez, was convicted on charges relating to his involvement in a cocaine distribution operation. Chavez previously brought a direct appeal of his conviction, alleging, inter alia, that the prosecutor improperly commented on his post-arrest silence during cross-examination and closing, in violation of Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976). This court found that the prosecutor did, in fact, commit a Doyle violation. However, because Chavez’s counsel failed to object at trial,…