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U.S. v. MACKLIN

No. 89-5807.

900 F.2d 948 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Albert Ray MACKLIN; Earnestine Mack, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 12, 1990.

Attorney(s) appearing for the Case

W. Hickman Ewing, Jr., U.S. Atty., Tony R. Arvin, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Memphis, Tenn., for U.S.

Margaret Beth Brooks (argued), Clifton Harviel, Fed. Public Defender (argued), Memphis, Tenn., for defendants-appellees.

Before BOGGS and NORRIS, Circuit Judges, and EDWARDS, Senior Circuit Judge.

BOGGS, Circuit Judge.

The United States appeals the district court's order suppressing the signed confessions of the two defendants in this case, Albert Ray Macklin and Earnestine Mack. Both defendants were charged with forging the endorsement of the payee on a United States Treasury check, in violation of 18 U.S.C. § 510(a)(1). Both defendants are considered mildly retarded. The district court concluded that their disabilities incapacitated them from making...

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