Court of Appeals for the Fourth Circuit February 16, 2007, 06-4341 (United States v. Damon Kimbrough)

Reversed and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge WILKINSON and Judge GREGORY joined.

OPINION

DUNCAN, Circuit Judge:

This appeal examines the extent to which the government may rely at trial on statements elicited by a third person — • here, a suspect’s mother — prior to police giving the suspect a valid warning under

Miranda v. Arizona,

384 U.S. 436, 86 S.