PEOPLE of the TERRITORY OF GUAM, Plaintiff-Appellee, v. Edward R.C. DELA PENA, Defendant-Appellant

DAVID R. THOMPSON, Circuit Judge:

Edward R.C. Dela Pena appeals his convictions for aggravated murder, robbery, and possession and use of a deadly weapon in the commission of a felony. He contends his convictions should be reversed because his confession to the police during custodial questioning was admitted at trial in violation of Miranda v. Arizona) 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

Dela Pena was not in custody when he was questioned initially by the police. During this interview, he was advised of his Miranda rights and waived them. About fifteen hours later, following a…