United States v. McBryar, 553 F.2d 433, 434 (5th Cir. 1977) (per curiam) (kidnapping conviction upheld where defendant agreed to take victim to one destination but drove in opposite direction and refused her requests to be let out of automobile). 10 . Similarly, although it acquitted Martinez of unlawful possession of a deadly weapon during a crime of violence, the jury was entitied to accept Harvey’s testimony that Martinez used a gun to carry out the kidnapping. 11 . The Government argues that Doyle is limited only to a defendant’s silence immediately after receiving Miranda warnings, not to his general silence in the lead-up to trial. The Government argues that this case is controlled instead by Raffel v. United States, 271 U.S. 494, 496, 46 S.Ct. 566, 70 L.Ed. 1054 (1926) (<HOLDING>), and that inquiry into Martinez’s general
recognizing that defendant may waive miranda rights holding that a state may waive its sovereign immunity holding that fifth amendment immunity from giving testimony is one which the defendant may waive by offering himself as a witness holding that an act of legislature may be required to waive sovereign immunity holding that state did not waive eleventh amendment immunity by removing case to federal court