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.