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092713P.pdf   10/25/2010  United States  v.  Parish Swift
   U.S. Court of Appeals Case No:  09-2713
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Shepherd, Author, with Smith and Benton, Circuit Judges]
Criminal Case - suppression. Leaving two suspects alone in room and recording their conversation is not express questioning or the functional equivalent to police interrogation. District court did not err in denying motion to suppress. District court did not abuse its discretion in denying motion for mistrial following prosecutor's closing argument, as even if prosecutor's comments suggested Swift bore burden to present evidence, comments were not prejudicial or deprive Swift of fair trial. .