U.S. v. ROGERS

No. 89-4872.

906 F.2d 189 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Hermon D. ROGERS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 23, 1990.


Attorney(s) appearing for the Case

Robert H. Norman, Asst. U.S. Atty., Robert O. Whitwell, U.S. Atty., Oxford, Miss., for plaintiff-appellant.

Joseph P. Langston, Ronald Michael, Langston & Langston, Booneville, Miss., for defendant-appellee.

Before GARZA, HIGGINBOTHAM, AND DUHÉ, Circuit Judges.


DUHÉ, Circuit Judge.

The United States appeals an order of the district court granting Rogers' motion to suppress his confession. The district court found that Rogers made the statements while in custody and that the government failed to prove that the statement was made pursuant to a voluntary waiver of Rogers' rights after he received proper warnings in accordance with Miranda v. State of Arizona,

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