Prisoner who acts for own purposes and convinces fellow prisoner to waive Miranda rights is not acting as government agent

MIRANDA United States v. Alexander, No. 05-6088, ___ F.3d ___ (10th Cir. May 15, 2006)(W.D. Oklahoma). Appeal of conviction for assault resulting in serious bodily injury in violation of 18 U.S.C. § 113(a)(6). HELD: Prisoner who participated in assault on fellow inmate with defendant and convinced defendant to waive Miranda warnings and provide incriminating statement to FBI was not acting as government agent where his reasons for persuading defendant to make statement were not based on desire to assist government but instead were based on fear for his safety, safety of defendant, and fear of longer sentence. Read the opinion here.