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U.S. v. SOTO

No. 91-5226.

953 F.2d 263 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Guillermo SOTO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 10, 1992.

Attorney(s) appearing for the Case

Joe B. Brown, U.S. Atty., H.H. Hester, Asst. U.S. Atty. (argued and briefed), Nashville, Tenn., for plaintiff-appellee.

Robert L. Smith (argued and briefed), Smith & Hirsch, Nashville, Tenn., for defendant-appellant.

Before MERRITT, Chief Judge, NORRIS, Circuit Judge, and GODBOLD, Senior Circuit Judge.

PER CURIAM.

Defendant Soto was convicted of knowingly and intentionally conspiring to possess a controlled substance and possessing cocaine with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) & 846 and 18 U.S.C. § 2. We reverse his conviction because the government introduced over his objection a post-arrest statement elicited from him while in police custody in violation of his Miranda rights. Miranda v. Arizona,

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