UNITED STATES V. STEWART & DELEGAL
951 F.2d 351 (1991) (6th Cir. 1991)
NATURE OF THE CASE: Stewart and Delegal (Ds) sought relief from and alleged error in an
entry of judgment by the United States District Court, which convicted and sentenced them
for conspiring to commit an offense against the United States in violation of 18 U.S.C.S.
371, committing a bank robbery in violation of 18 U.S.C.S. 2113(a), (d), and using a
dangerous weapon in relation to a crime of violence in violation of 18 U.S.C.S. 924(c).
FACTS: Stewart (D) Roach drove to Cleveland, Tennessee to survey a local bank. They
returned to Cleveland, this time accompanied by Delegal (D) and Wells, intending to rob the
bank. They traveled in two cars, one of which was to be abandoned. Stewart, Delegal, and
Wells, entered the bank disguised and armed while Roach waited outside. After collecting the
loot, they fled the scene by car. As they made their escape, how-ever, a 'dye-pack' hidden
in the bag of stolen money discharged, releasing dye and tear gas into the vehicle's
passenger compartment. The car was quickly abandoned, and Ds eventually made their way back
to Georgia. Roach was discovered and agreed to audio-record his accomplices discussing the
incident. He later recorded a conversation with Stewart wherein Stewart implicated himself
in the robbery. Stewart was subsequently arrested and held in detention. Nine days before
trial Stewart made statements to Roderick Stafford, a fellow inmate in which he further
implicated himself in the robbery. Stafford passed news of Stewart's disclosures on to
government agents and later testified at trial. Police officers had arrested Delegal on
state stolen vehicle charges. Delegal was advised of his Miranda rights. Police learned that
Delegal was a suspect in the bank robbery. The police showed Delegal the information and
readvised him of his Miranda rights, and left Delegal an advice of rights form, telling him
that he would return in the morning. Delegal was advised of his rights the next day and he
executed a second advice of rights form. Delegal proceeded to describe his involvement in
the bank robbery. No witnesses were present, and the officer did not tape the conversation.
Delegal was arraigned on the state charges. Ben Hawes, Jr. was appointed to represent
Delegal on charges arising out of a prior state court indictment. On February 6, 1990, Ds
were indicted on federal charges relating to the bank robbery. Also named in the indictment
were Wells and Roach. The district court denied Delegal's motion to suppress his confession.
Ds were convicted and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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