United States v. James Peter Roberts

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT SEPTEMBER 20, 2011 No. 10-13881 JOHN LEY ________________________ CLERK D.C. Docket No. 2:09-cr-00033-RWS-SSC-1 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JAMES PETER ROBERTS, a.k.a. Roberts, James, Defendant - Appellant.

________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (September 20, 2011) Before HULL and FAY, Circuit Judges, and VINSON,* District Judge.

PER CURIAM: Under the facts and circumstances of this case, we find that the statement made by the Defendant was an unequivocal request for a lawyer and that he did not reinitiate any conversation with the agent. Under our prior panel rule, Burger King Corp. v. Pilgrim’s Pride Corp., 15 F.3d 166, 169 (11th Cir. 1994), we find that Cannady v. Dugger, 931 F.2d 752 (11th Cir. 1991), controls and requires that we reverse the ruling on the motion to suppress and remand the case for further proceedings.

REVERSED AND REMANDED.

VINSON, District Judge, dissenting: I respectfully dissent based upon my conclusion that the Supreme Court in, Davis v. United States, 512 U.S. 452 (1994), has overruled Cannady.