UNITED STATES v. GAINES

No. 76-1885.

555 F.2d 618 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Rufus GAINES, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 16, 1977.


Attorney(s) appearing for the Case

Richard L. Kieser, U. S. Atty., South Bend, Ind., for plaintiff-appellant.

Ronald F. Layer, Hammond, Ind., Gerald Y. Sakaguchi, South Bend, Ind., for defendant-appellee.

Before CUMMINGS and PELL, Circuit Judges, and CAMPBELL, Senior District Judge.


PELL, Circuit Judge.

This is an appeal by the Government under 18 U.S.C. § 3731 from an order of the district court granting defendant-appellee's motion to suppress evidence of a confession. After hearing evidence on the motion, the trial court found that Gaines' oral statements on March 10, 1972, were voluntarily made, but ordered suppression because the defendant at the time of the statements had been in custody for...

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