United States of America v. Mario Ruiz-Palma

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARIO RUIZ-PALMA,
Defendant - Appellant.
No. 12-10290
D.C. No. 4:09-cr-02623-BCC-
GEE-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, Chief District Judge, Presiding
Submitted January 12, 2015**
San Francisco, California
Before: WALLACE, M. SMITH, and FRIEDLAND, Circuit Judges.
Mario Ruiz-Palma appeals from his conviction following a jury trial for
possession of marijuana with intent to distribute. The Government concedes error
with regard to certain testimony and statements in closing argument that referred to
Ruiz-Palma’s post-arrest silence, but it contends such error was harmless. We
* This disposition is not appropriate for publication and is
not precedent except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for
decision without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JAN 14 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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assume that Ruiz-Palma’s claim of error was preserved but conclude that it is
“beyond a reasonable doubt that the error complained of did not contribute to the
verdict obtained.” Chapman v. California, 386 U.S. 18, 24 (1967). The evidence
overwhelmingly established Ruiz-Palma’s guilt. Cf. Illinois v. Wardlow, 528 U.S.
119, 124-25 (2000) (unprovoked, headlong flight upon noticing law enforcement
suggests wrongdoing); Maryland v. Pringle, 540 U.S. 366, 373 (2003) (drug
activity in a car is an enterprise to which a guilty person “would be unlikely to
admit an innocent person with the potential to furnish evidence against him”).
AFFIRMED.

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