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U.S. v. BURGEST

No. 06-11351.

519 F.3d 1307 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Earl BURGEST, a.k.a. Earl Burgess, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 13, 2008.

Attorney(s) appearing for the Case

Leonard P. Fenn (Court-Appointed), DeFabio & Fenn, P.A., Miami, FL, for Burgest.

H. Ron Davidson, Anne R. Schultz, Asst. U.S. Atty., Sally M. Richardson, Emily M. Smachetti, Miami, FL, for US.

Before EDMONDSON, Chief Judge, DUBINA, Circuit Judge, and STORY, District Judge.

DUBINA, Circuit Judge:

Appellant Earl Burgest ("Burgest") appeals his convictions on two counts of possession with intent to distribute five grams or more of crack cocaine, in violation of 21 U.S.C. § 841(a)(1). Burgest contends that the district court erred by admitting into evidence his post-arrest statement given to federal authorities after he waived his Miranda1 rights but while he had retained counsel for a pending state...

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