Bingaman

United States v. Bingaman

Good Law
168 F. App'x 158
United States Court of Appeals for the Ninth CircuitFebruary 6, 2006No. 04-10250California499 words

Opinion

Lead Opinion

MEMORANDUM ***

Defendant Royal Shawn Bingaman appeals his conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2). We affirm.

Defendant was arrested at about 10 a.m. on October 22, 2002. He was advised of his Miranda 1 rights at the scene, waived those rights, and admitted that he had borrowed a gun for several days. He was then taken to jail. Defendant alleges that he was interviewed the next morning for 45 minutes to 60 minutes before Miranda warnings were again administered. At *159 9:15 a.m., a taped interview was conducted with Defendant. On tape, he was read Miranda warnings, waived his rights, and confessed again to having possessed the gun.

Defendant argues that the district court erred in admitting his taped confession because it was the product of a two-step interrogation process in violation of Missouri v. Seibert, 542 U.S. 600 , 124 S.Ct. 2601 , 159 L.Ed.2d 648 (2004). See United States v. Williams, 435 F.3d 1148 (9th Cir.2006) (discussing Seibert). We need not reach this issue, for two reasons. First, the warnings administered on October 22 were still effective on October 23. United States v.…

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