UNITED STATES v. CHARLES

No. 83-2550.

738 F.2d 686 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. Santos CHARLES, Jr. and Steven McAninch, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 13, 1984.


Attorney(s) appearing for the Case

William Bradford Reynolds, Asst. Atty. Gen., James William Clute, Walter W. Barnett, Civil Rights Div., U.S. Dept. of Justice, Washington, D.C., James R. Gough, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellant.

Phil Westergren, Corpus Christi, Tex., for Charles.

Roland E. Dahlin, III, Federal Public Defender, George McCall Secrest, Jr., Thomas S. Berg, Asst. Federal Public Defenders, Houston, Tex., Gustavo L. Acevedo, Asst. Federal Public Defender, Laredo, Tex., for McAninch.

Before POLITZ, WILLIAMS, and GARWOOD, Circuit Judges.


GARWOOD, Circuit Judge:

In this case the United States appeals an order of the district court granting the motion of defendants-appellees to suppress certain post-offense, preindictment oral and written statements. The district court found that the defendants made the statements while they were in custody and that the government failed to meet its burden of proving that the statements were made pursuant to a voluntary waiver of defendants' rights after the defendants...

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