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United States Eighth Circuit


US v. Wise, 09-1141

Defendant's conspiracy to manufacture marijuana conviction is affirmed where: 1) there was no two-part interrogation for Miranda purposes because, prior to the recitation of the Miranda warnings, the officers made no deliberate or calculated effort to elicit a confession from defendant, and defendant made no incriminating statements; 2) following a "knock and talk," defendant told the detectives that he would prefer to talk inside his apartment, and he voluntarily consented to the detectives' entrance into the apartment; and 3) there was sufficient evidence to convict defendant of the conspiracy.

Appellate Information

  • Decided 12/01/2009
  • Published 12/01/2009

Judges

  • SHEPHERD, Circuit Judge., Before LOKEN, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Paul Joseph D'Agrosa, St. Louis, MO, for appellant.

  • For Appellees:
  • Dean R. Hoag, AUSA, St. Louis, MO, for appellee.
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