United States v. James Peter Roberts ( 2011 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
SEPTEMBER 20, 2011
No. 10-13881
JOHN LEY
________________________
CLERK
D.C. Docket No. 2:09-cr-00033-RWS-SSC-1
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JAMES PETER ROBERTS,
a.k.a. Roberts, James,
Defendant - Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
________________________
(September 20, 2011)
Before HULL and FAY, Circuit Judges, and VINSON,* District Judge.
PER CURIAM:
*
Honorable C. Roger Vinson, United States District Judge for the Northern District of
Florida, sitting by designation.
Under the facts and circumstances of this case, we find that the statement
made by the Defendant was an unequivocal request for a lawyer and that he did
not reinitiate any conversation with the agent. Under our prior panel rule, Burger
King Corp. v. Pilgrim’s Pride Corp., 15 F.3d 166, 169 (11th Cir. 1994), we find
that Cannady v. Dugger, 931 F.2d 752 (11th Cir. 1991), controls and requires that
we reverse the ruling on the motion to suppress and remand the case for further
proceedings.
REVERSED AND REMANDED.
2
VINSON, District Judge, dissenting:
I respectfully dissent based upon my conclusion that the Supreme Court in,
Davis v. United States, 512 U.S. 452 (1994), has overruled Cannady.
3