United States Ninth Circuit

Defendant was properly found to have voluntarily and intelligently waived his Miranda rights while going through heroin withdrawal. Because his prior burglary conviction was improperly characterized as an "aggravated felony" rather than a "crime of violence," the sentence is vacated and remanded.

Appellate Information

• Argued 03/30/2004
• Decided 04/20/2004
• Published 04/20/2004

Judges

• TROTT, Circuit Judge:, Before;  HALL, TROTT, and CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Carol C. Lam, United States Attorney, Deborah J. Rhodes, Assistant U.S. Attorney (on the brief), Lawrence E. Spong, Assistant U.S. Attorney (at oral argument), United States Attorney's Office, San Diego, CA, for the plaintiff-appellee., Steven F. Hubacheck and Vincent J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellee/cross-appellant.