UNITED STATES v. RODRIGUEZ-GASTELUM

No. 76-2241.

569 F.2d 482 (1978)

UNITED STATES of America, Appellee, v. Guadalupe RODRIGUEZ-GASTELUM, Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended February 23, 1978.


Attorney(s) appearing for the Case

Frank R. Zapata, Asst. Federal Public Defender, Tucson, Ariz., for appellant.

Stephen D. Dichter, Asst. U. S. Atty., Tucson, Ariz., for appellee.

Before BROWNING, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE, SNEED, KENNEDY, and ANDERSON, Circuit Judges.


WRIGHT, Circuit Judge, with whom TRASK, CHOY, WALLACE, SNEED and KENNEDY, Circuit Judges, concur:

We took this case en banc to consider whether a suspect in a criminal investigation can waive his right to counsel after having initially made known his desire to have the assistance of counsel. We hold that a per se rule prohibiting such a waiver is neither necessary nor appropriate.

Rodriguez-Gastelum made incriminating statements after he was...

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