¶2Roland E. Dahlin, II, Federal Public Defender, Karen K. Friedman, Asst. Federal Public Defender, Houston, Tex., Juan E. Gavito, Asst. Federal Public Defender, Brownsville, Tex., for defendant-appellant.
¶3Edward B. McDonough, Jr., U. S. Atty., James R. Gough, George A. Kelt, Jr., John Patrick Smith, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.
¶4Before DYER, CLARK and HILL, Circuit Judges.
¶7Augustin Gomez Luna was convicted by a jury of possession with intent to distribute approximately 304 pounds of marijuana, in violation of 21 U.S.C. § 841(a)(1), and he appeals.
¶8In the course of his closing argument, the prosecuting attorney stated,
¶9“Did we ever hear any statements that the defendant made as to this is not my stuff, I’m looking for my friends? You guys have the wrong man, when he was arrested? Think about it.”1
¶10In Doyle v. Ohio, 1976,-U.S.-, 96 S.Ct. 2240, 49 L.Ed.2d 91, the Supreme Court forbade usage of a defendant’s silence following arrest and Miranda warnings to impeach an explanation subsequently given at the trial. In United States v. Harp, 536 F.2d 601 (5th Cir. 1976), we applied Doyle to use of silence in an impeaching fashion during the course of the government’s closing argument. Accordingly, Luna’s conviction must be reversed and a new trial held.
¶11REVERSED AND REMANDED.