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TAWFEQ SALEH v. FLEMING

No. 04-35509.

512 F.3d 548 (2008)

Habib TAWFEQ SALEH, Petitioner-Appellant, v. Gary FLEMING, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 3, 2008.

Attorney(s) appearing for the Case

Corey Endo, Research and Writing Attorney, Federal Public Defender, Seattle, WA, argued the cause and was on the briefs for the petitioner-appellant. Thomas W. Hillier, II, Federal Public Defender, was on the briefs.

Ronda D. Larson, Assistant Attorney General, Seattle, WA, argued the cause for the respondent-appellee and was on the brief. Rob McKenna, Attorney General, State of Washington, was on the brief.

Before: DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MARSHA S. BERZON, Circuit Judges.

Judge BERZON, concurred in full in the majority opinion, but filed a separate concurring opinion.

O'SCANNLAIN, Circuit Judge:

We must decide whether a phone conversation with police investigators initiated by a suspect who is in jail for an unrelated offense constitutes a "custodial interrogation" under Miranda v. Arizona, 384 U.S. 436, 442, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and its progeny.

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