United States Eighth Circuit

A conviction and sentence for unlawful possession of a firearm is affirmed where: 1) an officer's words indicating that defendant was to be charged with possession of a firearm were statements of fact, and not the functional equivalent of an interrogation; 2) thus, Miranda warnings were not required and defendant's incriminating response was admissible; and 3) defendant's challenge to the reasonableness of the sentence failed.

Appellate Information

• Decided 02/13/2009
• Published 02/13/2009

Judges

• BEAM, Circuit Judge., Before LOKEN, Chief Judge, BEAM, Circuit Judge, and KYLE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Stephen C. Moss, Asst. Fed. Public Defender, Kansas City, MO, argued (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellant.


• For Appellees:
  
• Brian P. Casey, Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., on the brief), for appellee.