United States v. Marcos Alonzo Hernandez

GOULD, Circuit Judge:

Petitioner Marcos Alonzo Hernandez (“Hernandez”) appeals his convictions for possession of methamphetamine with intent to distribute and for importation of more than fifty grams of methamphetamine. Hernandez argues that his convictions must be reversed because the district court admitted testimony commenting on his silence during custodial interrogation, in violation of the Fifth Amendment, and because the district court erroneously denied his request for a jury instruction on the lesser included offense of simple possession. Hernandez also contends that his sentence…