United States v. Allen Wauneka

FARRIS, Circuit Judge:

This is the second appeal in this prosecution for crimes committed on an Indian reservation. The Government brought the first appeal, attacking a pretrial order that suppressed the defendant’s statements to federal investigators. We affirmed the district court’s finding that the defendant, Allen Wauneka, was subjected to custodial interrogation on January 20, 1984 at the time he was asked whether he had raped a nurse at Fort Defiance, Arizona in December of 1983. Accordingly, we excluded the confession to that crime that Wauneka gave after he was taken into custody but…