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U.S. v. OPLINGER

No. 97-30110.

150 F.3d 1061 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. William A. OPLINGER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 14, 1998.

Attorney(s) appearing for the Case

Barnett N. Kalikow (argued), Olympia, Washington, for the defendant-appellant.

Leonie G.H. Grant, Assistant U.S. Atty. (argued), Katrina C. Pflaumer, United States Attorney, Seattle, Washington, for the plaintiff-appellee.

Before: BROWNING and O'SCANNLAIN, Circuit Judges, and ALFREDO MARQUEZ, Senior District Judge.

O'SCANNLAIN, Circuit Judge:

Among other issues presented to us by this appeal from conviction and sentence for bank fraud, we are asked to re-examine whether the privilege against self-incrimination extends to out-of-court pre-arrest statements made to private individuals.

I

Oplinger was employed as supply coordinator for the Heritage Bank ("Heritage") in Olympia, Washington, from March 1988 through May 1995. He was responsible for

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