United States Eleventh Circuit

Defendant's convictions for conspiracy to commit credit card fraud, possession of device-making equipment with intent to defraud, and aggravated identity theft are reversed where: 1) defendant did not make a "voluntary, knowing and intelligent waiver of his privilege against self-incrimination and his right to counsel"; 2) in obtaining defendant's confession, an officer explicitly assured defendant that anything he said would not be used to prosecute him; and 3) defendant's subsequent confession was similarly the product of improper promises of non-prosecution and thus not voluntary.

Appellate Information

• Decided 06/01/2010
• Published 06/01/2010

Judges

• KORMAN, District Judge:, Before TJOFLAT and COX, Circuit Judges, and KORMAN, District Judge.

Court

• United States Eleventh Circuit

Counsel