United States v. Bearam, Docket No. 05-2823-cr (2d Cir. June 8, 2007) (Cardamone, Straub, Wallace C.JJ.) Here, the Court applies Missouri v. Seibert, 542 U.S. 600 (2004), for the first time, joining the parade of courts that have limited Seibert to cases involving a deliberate “two-step” interrogations. The Court also vacates a sentence where the district court made inadequate findings as to narcotics quantity and the defendant’s role.
Facts: Agents executed a search warrant at a Brooklyn restaurant that Bearam managed. They found crack and powder cocaine, heroin and marijuana. Bearam was seated at a table near a closet where some of the drugs were found. When an agent asked Bearam about some of the drugs, Bearam said it was “bad coke.” Bearam was not read his Miranda rights before this questioning; the agent testified that he had asked Bearam whether he had been read his rights and Bearam replied: …