United States v. Plugh, No. 10-2815 (2d Cir. 2011)
Annotate this CaseThis instant appeal arose from the suppression of certain custodial statements made by defendant shortly after his arrest. In light of the Supreme Court's decision in Berghuis v. Thompkins, the government sought reconsideration and reversal of an order of suppression entered by the district court and previously affirmed by this court. The court reconsidered the district court's order of suppression in this case and vacated that order because the court agreed with the government that Berghuis constituted "an intervening change in controlling law," and because the court further agreed that Berghuis compelled a different outcome on these facts.
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