United States v. Albert Ray MacKlin Earnestine Mack

BOGGS, Circuit Judge.

The United States appeals the district court’s order suppressing the signed confessions of the two defendants in this case, Albert Ray Macklin and Earnestine Mack. Both defendants were charged with forging the endorsement of the payee on a United States Treasury check, in violation of 18 U.S.C. § 510(a)(1). Both defendants are considered mildly retarded. The district court concluded that their disabilities incapacitated them from making truly voluntary statements, in the absence of their receiving and comprehending their Miranda rights. The court also held that the…