United States v. Andujar-Basco

DICLERICO, District Judge.

A jury convicted José R. Andújar-Basco of conspiring and aiding and abetting the possession with intent to distribute five or more kilograms of cocaine. Andújar seeks a new trial, arguing that the district court erred by not declaring a mistrial (1) after a government witness testified regarding Andújar’s election to exercise his Fifth Amendment rights to remain silent and to request an attorney, and (2) after the government made unrelated improper remarks in closing arguments.

I

Andújar was ensnared in a Drug Enforcement Agency (DEA) sting operation. In September…