IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50189
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS FLORES, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-96-CR-291-1
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October 23, 1997
Before REAVLEY, KING and DAVIS, Circuit Judges.
PER CURIAM:*
Jesus Flores, Jr., appeals his criminal conviction for
possession of cocaine with intent to distribute. The Assistant
United States Attorney’s comment is not one which the jury would
naturally and necessarily take to be a comment on the failure of
the accused to testify. See United States v. Montoya-Ortiz,
7 F.3d 1171, 1178-79 (5th Cir. 1993); see also United States v.
Zanabria, 74 F.3d 590, 593 (5th Cir. 1996). Furthermore, the
district court’s limiting instruction would have rendered any
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 97-50189
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such comment harmless. See Montoya-Ortiz, 7 F.3d at 1179; United
States v. Dula, 989 F.2d 772, 777 (5th Cir. 1993).
AFFIRMED.