US v. Bernal-Benitez, No. 08-10308

Defendants' drug conspiracy convictions and sentences are affirmed where: 1) the magistrate judge's factual finding that a venireperson was less educated than the others in the venire, and subject to a peremptory strike on that ground, was not clearly erroneous; 2) the prosecutor's closing argument did not bolster the government witnesses' testimony; 3) one defendant's refusal to sign a waiver of rights form was not enough to constitute an invocation of his Miranda rights; and 4) the district court properly compared two defendants' roles with the conduct attributed to them in denying them a minor role adjustment.

Read US v. Bernal-Benitez, No. 08-10308

Appellate Information

Filed January 25, 2010

Judges

Opinion by Judge Tjoflat