UNITED STATES v. EMERY

No. 77-2650.

591 F.2d 1266 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. John Empie EMERY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 10, 1978.


Attorney(s) appearing for the Case

David Hamilton (argued), Reno, Nev., for defendant-appellant.

Leland Luffy, Asst. U. S. Atty. (argued), Reno, Nev., for plaintiff-appellee.

Before SNEED and TANG, Circuit Judges, and INGRAM, District Judge.


TANG, Circuit Judge:

Appellant Emery appeals from a conviction of conspiracy to import marijuana in violation of 21 U.S.C. § 963. Emery makes two assignments of error. The first is that statements he made while in the custody of Mexican police were improperly admitted because he had not been given Miranda warnings before he made the statements.

The second contention is that testimony of a government witness should have been suppressed because the...

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