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U.S. v. CHEELY

Nos. 92-30257, 92-30504.

21 F.3d 914 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Raymond D. CHEELY, Jr.; Douglas P. Gustafson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 11, 1994.

Attorney(s) appearing for the Case

Wevley William Shea, U.S. Atty., Dist. of Alaska, Anchorage, AL, James S. Reynolds, John F. De Pue, Dept. of Justice, Washington, DC, Mark H. Bonner (argued), Dept. of Justice, Washington, DC, Mary Incontro, Tammy Haimov, Dept. of Justice, Washington, DC, for plaintiff-appellant.

Nancy Shaw, Federal Public Defender, Anchorage, AL, Richard Kammen, McClure, McClure & Kammen, Indianapolis, IN, James H. McComas, Schleuss & McComas, Richard H. Friedman, Friedman & Rubin, Anchorage, AL, Rich Curtner, Asst. Public Defender, Anchorage, AL, for defendants-appellees.

Before: SCHROEDER, FLETCHER, and ALARCON, Circuit Judges.

Opinion by Judge FLETCHER, Concurrence and Dissent by Judge ALARCON.

FLETCHER, Circuit Judge:

The government brings an interlocutory appeal to challenge the district court's pretrial rulings that (1) Cheely cannot be subjected to the death penalty, and (2) Cheely's statements to investigating postal inspectors are inadmissible at trial because his Miranda rights were violated. We affirm.

PROCEDURAL HISTORY

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