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U.S. v. CAIN

No. 07-4631.

524 F.3d 477 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Lenny Lyle CAIN, Defendant-Appellee, and Jerry Ronald Flinchum, Defendant. The Criminal Justice Act Panel for the District of Maryland, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 9, 2008.

Attorney(s) appearing for the Case

ARGUED: Mythili Raman, Office of the United States Attorney, Baltimore, Maryland, for Appellant. Idus Jerome Daniel, Jr., Washington, D.C., for Appellee. Martin Stanley Himeles, Jr., Zuckerman & Spaeder, L.L.P., Baltimore, Maryland, for Amicus Supporting Appellee. ON BRIEF: Rod J. Rosenstein, United States Attorney, Christopher J. Romano, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellant. William K. Meyer, Zuckerman & Spaeder, L.L.P., Baltimore, Maryland, for Amicus Supporting Appellee.

Reversed and remanded by published opinion. Chief Judge WILLIAMS wrote the opinion, in which Judge TRAXLER and Judge NORTON joined.

OPINION

WILLIAMS, Chief Judge:

The Government appeals the district court's order granting Lenny Lyle Cain's motion to suppress inculpatory statements that he made during an interview with law enforcement officers on November 30, 2006. The district court suppressed the statements because it concluded that the Government violated Cain's Sixth Amendment rights by interviewing him without first contacting his court-appointed attorney. The district court held...

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