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U.S. v. DOUGALL

No. 90-8242.

919 F.2d 932 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Dwight Ernest DOUGALL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 7, 1990.

Attorney(s) appearing for the Case

Michael S. McDonald, Asst. Federal Public Defender and Lucien B. Campbell, Federal Public Defender, El Paso, Tex., for defendant-appellant.

Mark R. Stelmach, LeRoy Morgan Jahn, Asst. U.S. Attys., and Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before WISDOM, GEE, and HIGGINBOTHAM, Circuit Judges.

GEE, Circuit Judge:

We are asked to hold that hair samples voluntarily provided and a confession voluntarily given must both be suppressed because in the course of obtaining them investigating agents asked routine booking questions and requested the samples after the defendant had invoked the fifth amendment and requested counsel and because, after the defendant reinitiated the conversation and reinvoked his rights, investigating...

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