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U.S. v. VILLALBA-ALVARADO

No. 02-3101.

345 F.3d 1007 (2003)

United States of America, Plaintiff-Appellant, v. Angel Benito Villalba-Alvarado, a/k/a Benito Angel Alvara Villalba, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 10, 2003.

Order Denying Petition for Rehearing and for Rehearing December 12, 2003.

Attorney(s) appearing for the Case

Lisa A. Biersay, argued, Asst. U.S. Atty., Minneapolis, MN, for appellant.

Jeffrey C. DeGree, argued, Roseville, MN, for appellee.

Before WOLLMAN, HEANEY, and MELLOY, Circuit Judges.

Order Denying Petition for Rehearing and for Rehearing En Banc December 12, 2003.

Judge Morris Sheppard Arnold, Judge Bye, and Judge Smith would grant the petition for rehearing en banc.

Judge Murphy did not participate in the consideration or decision of this matter.

MELLOY, Circuit Judge.

Plaintiff-Appellant the United States of America appeals the suppression of physical evidence derived from a violation of Miranda v. Arizona,

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