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UNITED STATES v. WAUNEKA

No. 84-1236.

770 F.2d 1434 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Allen WAUNEKA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 10, 1985.

Attorney(s) appearing for the Case

Sherry P. Herrgott, Phoenix, Ariz., for plaintiff-appellant.

Thomas Hoidal, Phoenix, Ariz., for defendant-appellee.

Before HUG, SCHROEDER and HALL, Circuit Judges.

HUG, Circuit Judge:

Appellee Allen Wauneka ("Wauneka") was charged with several counts of assault and rape stemming from two separate assaults on female nurses in Fort Defiance, Arizona. Wauneka moved to suppress all statements made by him to law enforcement officials on January 20 and 22, 1984, on the grounds that his initial confession was the product of questioning by the police not preceded by the warnings required in Miranda v. Arizona,

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