U.S. v. GELL-IREN

No. 96-2222.

146 F.3d 827 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Orlando GELL-IREN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 15, 1998.


Attorney(s) appearing for the Case

Stephen P. McCue, Assistant Federal Public Defender, Albuquerque, New Mexico, for Defendant-Appellant.

Fred Joseph Federici III, Assistant United States Attorney, Las Cruces, New Mexico (John J. Kelly, United States Attorney, Albuquerque, New Mexico, with him on the brief), for Plaintiff-Appellee.

Before MURPHY, HOLLOWAY, and MAGILL, Circuit Judges.


MAGILL, Circuit Judge.

Orlando Gell-Iren (Gell) was convicted of possessing with intent to distribute ten ounces of heroin, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B), and was sentenced to ninety-four months imprisonment. Gell appeals his conviction, arguing: (1) that his post-arrest statements were improperly admitted at trial because he did not sign a waiver form and because his statements were made to a different officer than the one who had Mirandized...

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