United States v. Familetti, No. 16-2334 (2d Cir. 2017)Annotate this Case
The Second Circuit affirmed defendant's conviction for attempted sex trafficking of a minor and the possession, distribution, and transportation of child pornography. The court held that defendant was not in custody when the FBI conducted a pre-warning interrogation. In this case, the circumstances and phrasing of the pre‐warning request for cooperation would have constituted an interrogation under Rhode Island v. Innis, 446 U.S. 291 (1980), if defendant had been in custody, but under Circuit law, he was not.