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U.S. v. GUERRO

No. 92-2071.

983 F.2d 1001 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Elizabeth GUERRO, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 15, 1993.

Attorney(s) appearing for the Case

Kathleen A. Felton, Attorney, Dept. of Justice, Washington, D.C. (Nina Goodman, Attorney, Dept. of Justice, Washington, D.C., Don J. Svet, U.S. Atty., Albuquerque, NM, and Joe M. Romero, Jr., Asst. U.S. Atty., Albuquerque, NM, on the brief), for plaintiff-appellant.

Peter Schoenburg, Assistant Federal Public Defender, Albuquerque, NM, for defendant-appellee.

Before LOGAN and KELLY, Circuit Judges and BROWN, District Judge.

PAUL KELLY, Jr., Circuit Judge.

Defendant-appellee Elizabeth Guerro was indicted for voluntary manslaughter on October 3, 1991. After an evidentiary hearing on her motion to suppress, the district court found that statements she had made shortly after the incident were involuntary and that her signed waiver of Miranda rights was invalid. On appeal, the government, while conceding the invalidity of her signed Miranda waiver, challenges the finding as...

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