United States v. Jorge Enrique Lopez

In this appeal, we must decide whether the government’s impermissible references to Appellant Jorge Enrique Lopez’s post- Miranda silence mandate reversal of his conviction. Because we conclude that any error was harmless beyond a reasonable doubt and, because none of Lopez’s other assertions of error is meritorious, we affirm the conviction and sentence.

I. FACTS AND PROCEDURAL HISTORY

On September 17, 2004, Lopez entered the United States and was arrested by a United States Border Patrol Senior Patrol Agent and transported to a Border Patrol Station, where he was processed. Subsequently, Lopez was indicted for being a deported alien found in the United States in violation of 8 U.S.C. § 1326 .

At trial, Lopez took the stand and asserted a duress defense. Lopez testified that he entered the United States, hoping to get arrested and avoid being harmed by a drug dealer. During cross-examination, Lopez was questioned about whether he related the harm that he faced to any of the various people with whom he came into contact before he was transported to the Border Patrol Station. Lopez admitted that he did not tell anyone about the threats. The prosecutor also questioned Lopez about…