District court’s denial of defendant’s motion to suppress his confession and other incriminating statements resulting in his conviction for bank robberies is affirmed where: 1) defendant’s question was not a clear and unambiguous request for counsel under the circumstances; and 2) district court did not err in denying defendant’s motion to suppress his post-conviction statements where the magistrate judge made a credibility determination that despite defendant’s failure to sign the waiver form, he was advised  of his Miranda rights and voluntarily agreed to waive them.     

Read US v. Shabaz, No. 08-3751

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.Argued June 4, 2009Decided August 27, 2009

Judges

Before Flaum, Wood, and TInder, Circuit Judges Opinion by Wood, Circuit Judge.

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