UNITED STATES v. DOWNING

No. 81-1297.

665 F.2d 404 (1981)

UNITED STATES of America, Plaintiff, Appellant, v. John Theodore DOWNING, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 4, 1981.


Attorney(s) appearing for the Case

Margaret D. McGaughey, Asst. U. S. Atty., Portland, Me., with whom Thomas E. Delahanty, II, U. S. Atty., Portland, Me., was on brief, for plaintiff, appellant.

Theodore K. Hoch, Bath, Me., with whom Day & Hoch, Bath, Me., was on brief, for defendant, appellee.

Before COFFIN, Chief Judge, BREYER, Circuit Judge, BONSAL, Senior District Judge.


COFFIN, Chief Judge.

Appellee was arrested on June 3, 1980, and was subsequently charged with conspiracy to violate the federal narcotics laws, 21 U.S.C. §§ 846, 963. Before trial, appellee made a motion arguing, inter alia, that a statement he made to a law enforcement officer was obtained in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and that this statement, along with...

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