U.S. v. MONTANA

No. 345, Docket 91-1363.

958 F.2d 516 (1992)

UNITED STATES of America, Appellee, v. Pedro MONTANA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 9, 1992.


Attorney(s) appearing for the Case

Daniel Nobel, New York City, filed a brief for defendant-appellant.

Otto G. Obermaier, U.S. Atty., Jonathan Rosenberg and Nelson W. Cunningham, Asst. U.S. Attys., New York City, filed a brief for appellee.

Before VAN GRAAFEILAND, NEWMAN, and WINTER, Circuit Judges.


JON O. NEWMAN, Circuit Judge:

This appeal primarily presents issues concerning the invocation and waiver of an arrested suspect's right not to answer questions asked by law enforcement officers. The issues arise on an appeal by Pedro Montana from the June 7, 1991, judgment of the District Court for the Southern District of New York (Kevin T. Duffy, Judge) convicting him, upon a conditional guilty plea, of conspiring to possess with intent to distribute more than 500...

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