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U.S. v. MELGAR

No. 96-4582.

139 F.3d 1005 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Aldalberto MELGAR, a/k/a Jose Aldalberto Melgar-Campos, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 8, 1998.

Attorney(s) appearing for the Case

ARGUED: Mark Howard Bodner, Fairfax, VA, for Appellant. Mark Samuel Popofsky, United States Department of Justice, Washington, DC, for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, Ian Simmons, Special Assistant United States Attorney, Office of the United States Attorney, Alexandria, VA, for Appellee.

Before RUSSELL, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge MICHAEL joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

The sole issue presented in this case is whether the district court committed reversible error in refusing to suppress statements taken from a defendant assertedly in violation of his Fifth and Sixth Amendment rights to counsel. Because the defendant waived his Fifth Amendment right and because the Sixth Amendment...

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