U.S. v. Soto, 9th Cir. Mar. 19, 2008
07-30011 U.S. v. Soto
Before: William C. Canby, Jr., Susan P. Graber, and Ronald M. Gould, Circuit Judges.
The petition for panel rehearing is GRANTED. The memorandum disposition filed on November 28, 2007, is withdrawn and the Clerk is ordered to file the attached opinion in its place. New petitions for rehearing and petitions for rehearing en banc may be filed.
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PER CURIAM: Defendant Jose Martin Soto appeals his conviction for possession of methamphetamine with intent to distribute, 21 U.S.C. § 841(a). He argues that the district court violated Carter v. Kentucky, 450 U.S. 288 (1981), and James v. Kentucky, 466 U.S. 341 (1984), by failing to give his requested instruction that the jury make no adverse inference from his constitutionally protected choice not to testify. We hold that any error was harmless beyond a reasonable doubt. We also reject Defendant’s other challenge to the jury instructions. We therefore affirm. … U.S. v. Soto.
