SUPREME COURT REFUSES TO HEAR DRUG CONVICTION OF LINCOLN MAN

OMAHA, Neb. - The U.S. Supreme Court has refused to hear the appeal
of a Nebraska man convicted on drug charges, although last year it
ruled unanimously for him, saying police should have informed him of
his rights before questioning him.

The high court on Tuesday refused without comment to hear the appeal
of John Fellers, who was sentenced to more than 12 years in prison
but sought to have his conviction overturned after the Supreme
Court's ruling last year.

In 2000, Fellers, of Lincoln, freely spoke of his drug problem to
police when they arrived at his home to tell him he had been indicted
by a grand jury for conspiracy to distribute methamphetamine. He was
informed of his so-called Miranda rights, which include the right to
remain silent and seek counsel, only after he was taken to jail.

With Fellers arguing his case to the Supreme Court, the panel ruled
last year that the statements he made violated his Sixth Amendment
right to counsel. The panel sent his case to a federal appeals court
to determine whether to suppress statements he later made in jail.

In May, the 8th U.S. Circuit Court of Appeals upheld his conviction,
saying there was no indication the incriminating statements he later
made were prompted by what he said at his home.

But the panel did order that Fellers be resentenced because of a
recent decision by the Supreme Court on sentencing guidelines, which
said juries, not judges, should determine whether to dole out
punishments stronger than ones in sentencing guidelines.

Fellers was sentenced to more than 12 years in prison for conspiring
to distribute and possess with intent to distribute between 50 and
500 grams of methamphetamine. At sentencing, the judge found Fellers
responsible for more than 500 grams of the drug, thus raising his sentence.

The case is Fellers v. United States, 04-1552.