United States v. Stephen Baker, United States of America v. Philip L. Caban

Stephen Baker and Philip L. Caban appeal their convictions and sentences under the Sentencing Guidelines for bank robbery in violation of 18 U.S.C. § 2113 (a). We reverse the convictions and remand for a new trial because appellants’ due process rights were violated when the government impermissibly commented in closing rebuttal argument on their post-Mircmda' silence.

BACKGROUND

On October 2, 1991, two men wearing nylon- stockings over their heads entered the Kaneohe branch of Territorial Savings and Loan. One of the men held what appeared to be a handgun, and instructed the tellers to open their cash drawers. The other man then jumped over the teller counter and took money out of two of the drawers. The two men left the building with over five thousand dollars in cash.

Baker and Caban were arrested a few days later and charged with one count of bank robbery, in violation of 18 U.S.C. § 2113 (a). At the time of their arrest, Caban was in possession of eight-hundred and fifty dollars in cash, and Baker one-hundred and thirty dollars. In May 1992, the defendants were tried and convicted by a jury in the district court.

The government’s case largely consisted of circumstantial…