Filed: May 13, 2014
Latest Update: Mar. 02, 2020
Summary: Case: 13-11094 Date Filed: 05/13/2014 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 13-11094 Non-Argument Calendar _ D.C. Docket No. 0:11-cv-62586-RNS ORLANDO CANETE, Petitioner-Appellant, versus SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent-Appellee. _ Appeal from the United States District Court for the Southern District of Florida _ (May 13, 2014) Before WILSON, ANDERSON, and EDMONDSON, Circuit Judges. PER CURIAM: Case: 13-1109
Summary: Case: 13-11094 Date Filed: 05/13/2014 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 13-11094 Non-Argument Calendar _ D.C. Docket No. 0:11-cv-62586-RNS ORLANDO CANETE, Petitioner-Appellant, versus SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent-Appellee. _ Appeal from the United States District Court for the Southern District of Florida _ (May 13, 2014) Before WILSON, ANDERSON, and EDMONDSON, Circuit Judges. PER CURIAM: Case: 13-11094..
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Case: 13-11094 Date Filed: 05/13/2014 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 13-11094
Non-Argument Calendar
________________________
D.C. Docket No. 0:11-cv-62586-RNS
ORLANDO CANETE,
Petitioner-Appellant,
versus
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,
Respondent-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(May 13, 2014)
Before WILSON, ANDERSON, and EDMONDSON, Circuit Judges.
PER CURIAM:
Case: 13-11094 Date Filed: 05/13/2014 Page: 2 of 2
Orlando Canete, a Florida state prisoner, appeals pro se the district court’s
denial of Ground One of his petition for writ of habeas corpus, filed pursuant to 28
U.S.C. § 2254.
The appeal presents this issue:
Whether the district court erred in denying Ground One of Canete’s §
2254 habeas corpus petition, which claimed that the state trial court
erred in denying his motion to suppress his post-arrest statements
because he was not informed of his right to counsel during
questioning, as required under Miranda v. Arizona,
384 U.S. 436,
86
S. Ct. 1602,
16 L. Ed. 2d 694 (1966).
The district court did not err in denying Ground One of Canete’s § 2254
petition. The same claim was raised on Canete’s direct appeal in state court. The
state appellate court’s conclusion that the police officer’s warnings were sufficient,
under Miranda, to inform Canete of his right to have counsel present during
questioning was not contrary to, or an unreasonable application of, clearly
established federal law as determined by the Supreme Court, nor was it based on
an unreasonable determination of the facts. See generally 28 U.S.C. § 2254(d).
AFFIRMED.
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