United States v. Rafael S. Pena, Gary W. Chitty

HENDERSON, Senior Circuit Judge:

Following a four-day trial in the United States District Court for the Southern District of Florida, a jury found Gary W. Chitty and Rafael S. Pena guilty of both conspiracy to import and the importation of more than 100 kilograms of marijuana into the United States, in violation of 21 U.S.C. §§ 963, 952(a) and 960(a)(1) and 18 U.S.C. § 2. Chitty appeals the district court’s denial of his motion in limine in which he sought to exclude certain testimony as an impermissible comment upon his exercise of his right to remain silent. Pena appeals the district court’s…