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UNITED STATES v. LOPEZ-DIAZ

No. 79-1437.

630 F.2d 661 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Raymond LOPEZ-DIAZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 8, 1980.

Attorney(s) appearing for the Case

Stuart I. Teicher, Portland, Or., for defendant-appellant.

Kenneth C. Bauman, Asst. U. S. Atty., Portland, Or., for plaintiff-appellee.

Before KILKENNY and CHOY, Circuit Judges, and GRANT, District Judge.

CHOY, Circuit Judge:

Raymond Lopez-Diaz appeals from his conviction of possession of cocaine with intent to distribute, 21 U.S.C. § 841(a), 18 U.S.C. § 2. He contends that incriminating statements made after his arrest were elicited in violation of his Miranda rights. We reverse.

I. STATEMENT OF FACTS

On December 21, 1978, an unidentified informant told Special Agent Van Horn of the...

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