U.S. v. SAECHAO

No. 04-30156.

418 F.3d 1073 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Phata SAECHAO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 12, 2005.


Attorney(s) appearing for the Case

Richard A. Friedman, United States Department of Justice, Washington, DC (Argued); Karen J. Immergut, Frederic N. Weinhouse, United States Attorney's Office, Portland, OR, (On the Briefs), for the plaintiff-appellant.

Lisa Hay, Office of the Federal Public Defender, Portland, OR, for the defendant-appellee.

Before REINHARDT, BERZON, and BYBEE, Circuit Judges.


REINHARDT, Circuit Judge.

I.

The issue on this appeal is whether a probationer who provides incriminating information to his probation officer in response to questions from that officer, and does so pursuant to a probation condition that requires him to "promptly and truthfully answer all reasonable inquiries" from the officer or face revocation of his probation, is "compelled" to give incriminating evidence within the meaning of the Fifth Amendment. Because...

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