DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

033892P.pdf   09/13/2004  United States  v.  Antonino Aguilar
   U.S. Court of Appeals Case No:  03-3892
   District of Minnesota   
Criminal case - criminal law. Applying Missouri v. Seibert, 124 S. Ct., 2601 (2004), the court holds the district court did not err in suppressing defendant's statements; providing defendant Miranda warnings between the two questioning sessions officers conducted did not serve the purposes of Miranda because it did not provide defendant with a meaningful opportunity to make an informed choice regarding his right to make an admissible statement; facts as found by the magistrate judge show defendant's post-Miranda statement was the results of intentional police coercion; the method and timing of the two interrogations establish intentional, calculated conduct by the police of the kind noted in Justice Kennedy's opinion in Seibert; case distinguished from this court's en banc opinion in U.S. v. LeBrun, 363 F.3d 715 (8th Cir. 2004). [PUBLISHED] [Bright, Author, with Murphy and Heaney, Circuit Judges]