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U.S. v. BRAVE HEART

No. 03-2888.

397 F.3d 1035 (2005)

UNITED STATES of America, Appellant, v. Randall Dewey BRAVE HEART, Jr., also known as Dewey Randall Brave Heart, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 4, 2005.

Attorney(s) appearing for the Case

U.S. Atty., James E. McMahon, argued, Sioux Falls, SD (Asst. U.S. Atty., Jay Miller, Pierre, SD; and Asst. U.S. Atty., Judith K. Grunewaldth, Sioux Falls, SD, on the brief), for appellant.

Asst. Federal Public Defender, Edward G. Albright, argued, Pierre, SD, for appellee.

Before WOLLMAN, HANSEN, and BYE, Circuit Judges.

WOLLMAN, Circuit Judge.

During the course of a two-hour interrogation, Randall Dewey Brave Heart, Jr. (Brave Heart), confessed to the murder of his infant nephew. He was indicted for murder in the second degree under 18 U.S.C. §§ 1153 and 1111, and subsequently moved to suppress his confession. The district court granted the motion, finding first that Brave Heart was "in custody" during questioning but was not informed of his rights under Miranda v. Arizona...

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