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UNITED STATES v. CHERRY

No. 84-1864.

759 F.2d 1196 (1985)

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

United States Court of Appeals, Fifth Circuit.

Opinion on Denial of Rehearing June 17, 1985.

Attorney(s) appearing for the Case

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

Helen M. Eversberg, U.S. Atty., El Paso, Tex., Sidney Powell, Michael S. McDonald, Asst. U.S. Attys., San Antonio, Tex., Maury S. Epner, Atty., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before RANDALL, JOHNSON and GARWOOD, Circuit Judges.

RANDALL, Circuit Judge:

In United States v. Cherry, 733 F.2d 1124 (5th Cir.1984) (Cherry I), we set aside the murder conviction of defendant-appellant James Thomas Cherry, Jr., on the ground that his confession and other incriminating statements were obtained in violation of his Miranda rights and thus their admission at trial constituted reversible error. Following Cherry I, Cherry was once again tried...

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