United States v. James Thomas Cherry, Jr.

RANDALL, Circuit Judge:

Defendant-appellant James Thomas Cherry, Jr. was convicted of second degree murder and was sentenced to thirty years imprisonment. On appeal, Cherry contends that the district court erred in admitting his confession because it was obtained in violation of his fourth, fifth, and sixth amendment rights. We hold that Cherry’s confession was inadmissible and therefore reverse.

Factual and Procedural Background.

On the morning of December 6, 1982, a dead man’s body was found in the parking lot of an elementary school on the Biggs Field section of the military reservation at…