Does a defendant need to be issued a Miranda warning before a presentence interview?
MultiRegion, United States of America
The following excerpt is from U.S. v. Torres-Perez, 99 F.3d 1148 (9th Cir. 1996):
Torres-Perez would distinguish the instant case from our decision in Baumann v. United States, 692 F.2d 565 (9th Cir.1982). In Baumann, this court held that a convicted prisoner need not be warned of his right to counsel and his right to remain silent before participating in a routine, authorized presentence interview. Id. at 576. Failure to issue Miranda warnings did not preclude the use of information from the presentence interview in a sentence hearing. Id.
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