Legal Opinion

United States v. Pedro Montana

Court of Appeals for the Second Circuit

Decided March 9, 1992No. 345, Docket 91-1363PublishedCited by 39 opinions

1Opinion of the Court

JON 0. NEWMAN, Circuit Judge:

This appeal primarily presents issues concerning the invocation and waiver of an arrested suspect’s right not to answer questions asked by law enforcement officers. The issues arise on an appeal by Pedro Montana from the June 7, 1991, judgment of the District Court for the Southern District of New York (Kevin T. Duffy, Judge) convicting him, upon a conditional guilty plea, of conspiring to possess with intent to distribute more than 500 grams of cocaine, in violation of 21 U.S.C. § 846 (1988). We conclude that the suspect invoked his Fifth Amendment rights by…

2Cases cited11 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Rhode Island v. InnisSupreme Court of the United States · 1980
  3. Oregon v. ElstadSupreme Court of the United States · 1985
  4. Michigan v. MosleySupreme Court of the United States · 1975
  5. United States v. Janice Wallace, United States of America v. Elmore PennCourt of Appeals for the Ninth Circuit · 1988

6 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. United States v. MillerCourt of Appeals for the Second Circuit · 1997
  2. Edgar M. Hendricks v. Daniel Vasquez, Warden, and the Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1992
  3. United States v. RommyCourt of Appeals for the Second Circuit · 2007
  4. United States v. MillerCourt of Appeals for the Second Circuit · 1997
  5. Commonwealth v. LarkinMassachusetts Supreme Judicial Court · 1999

34 more not listed; retrieve them via the Exa API.

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