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

1 F.3d 1247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Stephen BAKER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Philip L. CABAN, Defendant-Appellant. Nos. 92-10552, 92-10581. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 6, 1993 as to Baker. Submitted May 6, 1993 * as to Caban. Decided July 15, 1993. Before GOODWIN, TANG and NOONAN, Circuit Judges: 1 MEMORANDUM ** 2 In a published opinion filed along with this memorandum, see slip op., Nos. 92-10552, 92-10581 (9th Cir. July __, 1993), this panel reversed the convictions of Stephen Baker and Philip L. Caban for bank robbery in violation of 18 U.S.C. Sec. 2113 (a) because appellants' due process rights were violated when the government impermissibly commented in closing rebuttal argument on their post-Miranda silence. In addition, Baker challenged a number of district court rulings pertaining to the admissibility of…