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U.S. v. ALEXANDER

No. 95-10401.

106 F.3d 874 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Leaburn ALEXANDER, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 3, 1997.

Attorney(s) appearing for the Case

Mark L. Tuft, Cooper, White & Cooper, San Francisco, California, for defendant-appellant.

Adam Bialosky, Assistant United States Attorney, San Francisco, California, for plaintiff-appellee.

Before: FLETCHER and FERGUSON, Circuit Judges, and KING, District Judge.

FERGUSON, Circuit Judge:

Alexander appeals from his conviction on five counts of unarmed bank robbery under 18 U.S.C. § 2113(a). He contends that the district court abused its discretion by departing from the law of the case and admitting a previously suppressed confession. We agree and reverse.

I. FACTS

On May 19, 1994, Alexander made a call to emergency 911 to report that someone was trying to enter his girlfriend's apartment by drilling through...

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