United States v. Irvin Quinn Hines

The United States brings this interlocutory appeal from an order by the district court suppressing statements made by Irvin Hines to a special agent of the Bureau of Alcohol, Tobacco, and Firearms. On April 19, 1989, the agent visited Hines at his house to question him about certain activities in December of 1988 and January of 1989. At the time of the questioning, the December activities were the subject of a state prosecution for which Hines had been provided counsel. In response to the agent’s questions, Hines indicated that the agent should speak to his court-appointed attorney.

After speaking to his attorney, the agent returned to Hines’s house on April 21 to question him about the January activities, which were unrelated to the activities for which Hines was then being prosecuted. Hines signed a statement waiving his Miranda rights and answered the agent’s questions, which pertained only to the January activities.

Some time thereafter, the state, pursuant to a plea agreement with Hines, dismissed its charges pertaining to the December activities. On June 12, 1990, the federal grand jury returned its indictment against Hines, which charged him with separate counts of…