United States v. Eugene R. Frazier

McGOWAN, Circuit Judge:

The only issue before the court en banc in this appeal from a conviction of armed robbery (22 D.C.Code § 2901) is whether the District Court erred in its conclusion that, on the evidence before it, the Government had sustained its burden of establishing a knowing waiver by appellant of his right to independent legal assistance after his arrest. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602,16 L.Ed.2d 694 (1966).

*892When the case was first before a panel of this court, a majority thought that a circumstance appearing in the prosecution’s evidence at trial raised a doubt…