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U.S. v. SIMMONS

Docket No. 10-1526-cr.

661 F.3d 151 (2011)

UNITED STATES of America, Appellee, v. Robert SIMMONS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 26, 2011.

Attorney(s) appearing for the Case

Aimee Hector ( Michael D. Maimin , on the brief), Assistant United States Attorneys, for Preet Bharara , United States Attorney for the Southern District of New York, for Appellee.

Richard B. Lind , New York, NY, for Defendant-Appellant.

Judge WINTER dissents in a separate opinion.

B.D. PARKER, JR., Circuit Judge:

Robert Simmons, a previously convicted felon, appeals his conviction in the United States District Court for the Southern District of New York (Scheindlin, J.) for possession of a firearm and ammunition. See 18 U.S.C. § 922(g)(1). On appeal, he contends that the district court's failure to suppress his pre-arrest statements made without Miranda warnings violated the Fifth Amendment, and that the warrantless...

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