United States v. Warren, 642 F.3d 182

Warren was indicted on 21 U.S.C. § 841(a)(1) and § 841(b)(1)(A)(iii) for intent to distribute crack cocaine and on 18 U.S.C. § 922(g)(1) possession of a firearm by a felon.
The District Court granted Warren’s motion to suppress statements made at home but denied suppression of statements made at the police station after Miranda warnings.
Warren pled guilty to the drug charge under a plea agreement in which the government agreed not to file a § 851 information increasing penalty based on a prior conviction.
At sentencing, Warren disputed using powder cocaine Guidelines rather than crack cocaine Guidelines; the government did not file a § 851 information, and Warren was sentenced to 248 months.
Warren argued the government breached the plea agreement; the District Court’s sentence fell within the crack cocaine range and no § 851 was filed.
The Third Circuit affirmed the suppression ruling and dismissed the plea-breach claim, with a partial dissent by Judge Greenaway, Jr.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Miranda warning adequacy in conveying right to counsel during questioning	Warren argues warning did not convey ongoing right to counsel during interrogation	State argues Powell allows reasonable conveyance without explicit ongoing-counsel phrasing	Warning reasonably conveyed rights; suppression denial affirmed

Duckworth v. Eagan, 492 U.S. 195 (1989) (reasonableness of warning to convey Miranda rights during questioning)
Prysock, 453 U.S. 355 (1981) (warning must convey right to presence of counsel during and before questioning)
Florida v. Powell, 130 S. Ct. 1195 (2010) (warning need not be a perfect formula; must reasonably convey rights during interrogation)
Miranda v. Arizona, 384 U.S. 436 (1966) (established right to counsel and warning requirements)