UNITED STATES v. CHERRY

No. 83-1274.

733 F.2d 1124 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. James Thomas CHERRY, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 25, 1984.


Attorney(s) appearing for the Case

Robert Ramos, Asst. Federal Public Defender, El Paso, Tex., for defendant-appellant.

Edward C. Prado, U.S. Atty., Sidney Powell, Asst. U.S. Atty., San Antonio, Tex., Stephen Trott, Asst. Atty. Gen., John De Pue, Atty., Dept. of Justice, Major Don DeCort, Criminal Law Div., Dept. of Army, Washington, D.C., for plaintiff-appellee.

Before BROWN and RANDALL, Circuit Judges, and HUNTER, District Judge.


RANDALL, Circuit Judge:

Defendant-appellant James Thomas Cherry, Jr. was convicted of second degree murder and was sentenced to thirty years imprisonment. On appeal, Cherry contends that the district court erred in admitting his confession because it was obtained in violation of his fourth, fifth, and sixth amendment rights. We hold that Cherry's confession was inadmissible and therefore reverse.

Factual and Procedural Background.

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