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United States Ninth Circuit


US v. Botello-Rosales, 12-30074

The district court erred in denying defendant's motion to suppress his post-arrest statements and his conviction of conspiracy to manufacture marijuana is vacated and remanded, where: 1) the Spanish-language warning administered to the defendant failed to reasonably convey his Miranda rights; and 2) the fact that the officer had previously administered correct Miranda warnings in English does not cure the constitutional infirmity, absent government clarification to defendant as to which set of warnings was correct.

Appellate Information

  • Decided 07/15/2013
  • Published 07/15/2013

Judges

  • PER CURIAM

Court

  • United States Ninth Circuit

Counsel

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