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UNITED STATES v. MONTOYA-ARRUBLA

No. 83-5262.

749 F.2d 700 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Eugenio De Jesus MONTOYA-ARRUBLA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 3, 1985.

Attorney(s) appearing for the Case

N. Peter Kostopulos, Linda Collins Hertz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellant.

A. Scott Miller, Miami, Fla., for Montoya-Arrubla.

Before HENDERSON and CLARK, Circuit Judges, and ATKINS, District Judge.

ATKINS, District Judge:

This appeal was taken by the government from an order granting the motion of the defendant, Eugenio de Jesus Montoya Arrubla, to suppress statements he made to United States Customs Patrol officers. Montoya argued in his motion to suppress that since the statements he had made were not freely and voluntarily given, he had not waived his right under Miranda to be silent. In support of this argument, the defendant and his shipmate, Jorge...

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