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U.S. v. MIKELL

No. 94-3540.

102 F.3d 470 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Sonny James MIKELL, William Dee Young, and Samuel Lee Langston, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

December 30, 1996.

Attorney(s) appearing for the Case

Matthew Farmer, Tampa, FL, for Sonny James Mikell.

Craig Alldredge, Matt Perry, Asst. Federal Public Defenders, Tampa, FL, for William Dee Young.

James Wardell, Tampa, FL, for Samuel Lee Langston.

Linda J. McNamara, Tamra Phipps, Susan H. Rothstein, Asst. U.S. Attys., Tampa, FL, for the U.S.

Before TJOFLAT and COX, Circuit Judges, and VINING, Senior District Judge.

VINING, Senior District Judge:

This appeal presents the question of whether an arrestee's refusal to answer certain questions during a custodial interrogation constitutes an assertion of his Fifth Amendment right to remain silent. The district court denied a suppression motion which alleged that continuation of the custodial interrogation was unconstitutional. We affirm the district court's ruling on this issue, although we vacate the sentence and remand for resentencing...

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