United States v. Preston Pope

COLLOTON, Circuit Judge.

A jury convicted Preston Pope of bank robbery, Hobbs Act robbery, two counts of brandishing a firearm during those crimes of violence, and unlawful possession of a firearm as a previously convicted felon. See 18 U.S.C. §§ 1951 (a), 2113(a), 924(c), 922(g). On appeal, Pope argues that the district court 1 abused its discretion in denying his motion for a mistrial based on remarks of a prospective juror during voir dire . Pope also raises for the first time a Fifth Amendment due process challenge to testimony that mentioned his post-arrest silence. We conclude that there…