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U.S. v. CARDENAS

No. 04-20449.

410 F.3d 287 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Erica CARDENAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 20, 2005.

Attorney(s) appearing for the Case

Paula Camille Offenhauser and James Lee Turner, Asst. U.S. Attys., Peter Rodney Mason (argued), Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def. (argued), Kyle Blair Welch, Houston, TX, for Cardenas.

Before DAVIS, SMITH and DeMOSS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

In this case, we are asked to review the decision of the district judge in proceedings regarding the prosecution of alleged participants in an alien smuggling conspiracy. The judge ordered the suppression of one of two statements made by the defendant, Erica Cardenas, after her arrest.

The court suppressed the statement despite the uncontradicted evidence that Cardenas repeatedly, voluntarily, and unambiguously had waived her...

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