United States v. Timothy Stewart

SYKES, Circuit Judge.

Timothy Stewart was convicted by a jury of armed bank robbery and use of a firearm during a crime of violence. He confessed to these crimes, but argues that his confession should not have been admitted at trial because the police used a two-step interrogation process in which Miranda warnings were initially withheld, in violation of Miranda as applied in the Supreme Court’s recent decision in Missouri v. Seibert, — U.S. -, 124 S.Ct. 2601, 159 L.Ed.2d 643 (2004). He also claims the confession was involuntary in light of a promise of leniency made by the interrogating…