United States v. Alfonzo Williams

Dissent by Judge KLEINFELD

OPINION

HURWITZ, Circuit Judge:

Antonio Gilton was arrested for murder and promptly invoked his right to an attorney. Hours later, after Gilton was taken from police headquarters to a jail, a sheriffs deputy asked him whether he was a member of a criminal gang. The government seeks to introduce Gilton’s responses to that questioning in its case-in-chief to establish membership in an “enterprise,” an element of the RICO offense for which he is charged. 18 U.S.C. § 1962(c), (d). The district court suppressed Gilton’s statements under the rule of Miranda v. Arizona, 384…