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Puplampu v. United States

United States Court of Appeals, Ninth Circuit
Mar 24, 1970
422 F.2d 870 (9th Cir. 1970)

Summary

upholding admissibility of statements made two days after advice of rights

Summary of this case from Raines v. Beard

Opinion

No. 22549.

February 16, 1970. Rehearing Denied March 24, 1970.

Scipio Porter (argued), Oakland, Cal., for appellant.

John W. Hornbeck (argued), Asst. U.S. Atty., Arnold G. Regardie, Robert L. Brosio, Asst. U.S. Attys., Wm. M. Byrne, U.S. Atty., Los Angeles, Cal., for appellee.

Before BROWNING and HUFSTEDLER, Circuit Judges, and THOMPSON, District Judge.

Hon. Bruce R. Thompson, United States District Court Judge, Reno, Nevada, sitting by designation.


On his appeal from his conviction for violating 18 U.S.C. § 2312, appellant contends that the district court erred in denying his motion to suppress statements that he had made to a Government agent on May 3, 1967, and in restricting cross-examination related to the voluntariness of those statements and that he suffered prejudice from a prosecutorial misstatement of the evidence to the jury.

The district court found that appellant was not in custody on May 3, 1967, that appellant had been fully advised of his constitutional rights in accordance with Miranda two days earlier, and that appellant's statements were voluntary. The evidence was ample to sustain the district court's findings. There was no error in admitting appellant's statements. (Cf. Lowe v. United States (9th Cir. 1969) 407 F.2d 1391; Maguire v. United States (9th Cir. 1968) 396 F.2d 327.)

The district court did not unduly restrict cross-examination. The prosecutor's lapse was not plain error.

The judgment is affirmed.


Summaries of

Puplampu v. United States

United States Court of Appeals, Ninth Circuit
Mar 24, 1970
422 F.2d 870 (9th Cir. 1970)

upholding admissibility of statements made two days after advice of rights

Summary of this case from Raines v. Beard

upholding admissibility of statements made two days after Miranda warnings administered

Summary of this case from Betancourt v. State

questioning two days after Miranda warnings upheld

Summary of this case from United States v. Churchill
Case details for

Puplampu v. United States

Case Details

Full title:Adinortey E. PUPLAMPU, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 24, 1970

Citations

422 F.2d 870 (9th Cir. 1970)

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