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U.S. v. PACHECO-LOPEZ

No. 07-5408.

531 F.3d 420 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro PACHECO-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 26, 2008.

Attorney(s) appearing for the Case

ARGUED: Kent Wicker, Reed Wicker, Louisville, Kentucky, for Appellant. Madison T. Sewell, Assistant United States Attorney, Louisville, Kentucky, for Appellee. ON BRIEF: Kent Wicker, Reed Wicker, Louisville, Kentucky, for Appellant. Laura L. Hall, Terry M. Cushing, Monica Wheatley, Assistant United States Attorneys, Louisville, Kentucky, for Appellee.

MERRITT, J., delivered the opinion of the court, in which COLE, J., joined. GRIFFIN, J. (pp. 430-33), delivered a separate dissenting opinion.

OPINION

MERRITT, Circuit Judge.

The defendant, Pedro Pacheco-Lopez (Lopez), challenges the district court's denial of his request to suppress certain statements made prior to his arrest. The defendant argues that his initial statements— made prior to receiving his Miranda warnings—should have been suppressed because they were responses to a custodial interrogation and do not fall under...

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