United States First Circuit

Denial of a motion to suppress in a prosecution for being a felon in possession of a firearm is affirmed as the district court's judgment was neither unreasonable nor clear error as, under the applicable test, the lack of any pre-planned evasion of Miranda defeats defendant's claim, and under the plurality decision's fact sensitive approach, the most egregious elements of Seibert are absent.

Appellate Information

• Decided 06/18/2010
• Published 06/18/2010

Judges

• BOUDIN, Circuit Judge., Before Boudin, Circuit Judge, Souter,Associate Justice, and Howard, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• J. Hillary Billings, Assistant Federal Defender, Federal Defender Office, with whom Eric A. Vos, Assistant Federal Defender, Federal Defender Office, was on brief for appellant.


• For Appellees:
  
• Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief for appellee.