The following excerpt is from U.S. v. Cheely, 21 F.3d 914 (9th Cir. 1994):
The essential facts underlying the district court's decision to suppress Cheely's September 20, 1991 statements are not in dispute. We review the district court's legal conclusion that there was no waiver and that Cheely's Miranda rights were violated de novo. See United States v. Homick, 964 F.2d 899, 903 (9th Cir.1992).
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