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U.S. v. PLUGH

No. 10-2815-cr.

648 F.3d 118 (2011)

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

United States Court of Appeals, Second Circuit.

Decided: August 8, 2011.

Attorney(s) appearing for the Case

Joseph J. Karaszewski , Assistant United States Attorney, on behalf of William J. Hochul, Jr. , U.S. Attorney, Western District of New York, Buffalo, NY, for Appellant.

Jeffrey Wicks ( Candice C. Baker Leit on the brief), Jeffrey Wicks, PLLC, Rochester, NY, for Defendant-Appellee.

Before: JACOBS, Chief Judge, LIVINGSTON, Circuit Judge, RAKOFF, District Judge.

DEBRA ANN LIVINGSTON, Circuit Judge:

The instant appeal arises from the suppression of certain custodial statements made by defendant-appellee Gordon Plugh shortly after his arrest. The district court (Siragusa, J.), suppressed these statements after concluding that Plugh had successfully invoked his Miranda rights by declining to sign a waiver-of-rights form, United States v. Plugh,

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