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UNITED STATES v. KINSMAN

No. 76-1657.

540 F.2d 1017 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. Stanley Zig KINSMAN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

August 17, 1976.

Attorney(s) appearing for the Case

Theodore Wai Wu, Asst. U. S. Atty. (argued), Los Angeles, Cal., for plaintiff-appellant.

Carl E. Stewart (argued), Newport Beach, Cal., for defendant-appellee.

Before BARNES, HUFSTEDLER and GOODWIN, Circuit Judges.

OPINION

BARNES, Senior Circuit Judge:

The issue presented on this appeal is whether the district court erred in granting the defendant's motion to suppress his post-arrest confession on the ground that he was denied his constitutional right to consult with an attorney of his own choice during custodial interrogation.

The relevant facts follow. Kinsman was arrested for possession of unregistered machine guns and silencers. Immediately after his arrest...

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