US v. Wise, No. 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
Submitted: September 25, 2009
Filed: December 1, 2009
Judges
Opinion by Judge Shepherd