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U.S. v. PLUGH

Docket Nos. 07-2620-cr(L), 07-2746-cr(XAP).

576 F.3d 135 (2009)

UNITED STATES of America, Appellant-Cross-Appellee, v. Gordon J. PLUGH, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 31, 2009.

Attorney(s) appearing for the Case

Stephen Baczynski, Assistant United States Attorney, for Kathleen M. Mehltretter, Acting United States Attorney for the Western District of New York, Buffalo, New York, for Appellant-Cross-Appellee.

Jeffrey Wicks, Rochester, New York, for Defendant-Appellee-Cross-Appellant.

Chief Judge JACOBS dissents in a separate opinion.

WESLEY, Circuit Judge:

This appeal raises the question of whether a suspect in custody and informed of his rights in accordance with Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), is entitled to the prophylactic bar prohibiting police questioning established in Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (right to counsel), and Michigan...

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