United States Fourth Circuit

Statements obtained in violation of Miranda and Edwards, if they are otherwise voluntary, may generally be considered at sentencing. Defendant's sentence for bank robbery is vacated where the district court erroneously excluded from consideration at sentencing his statement that he carried a firearm during the robbery.

Appellate Information

• Argued 10/28/2005
• Decided 02/28/2006
• Published 02/28/2006

Judges

• Before WILKINS, Chief Judge, and MICHAEL and TRAXLER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Matthew Theodore Martens, Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellant/Cross-Appellee.  Randolph Marshall Lee, Charlotte, North Carolina, for Appellee/Cross-Appellant.   ON BRIEF:  Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellant/Cross-Appellee.