United States v. Arellano-Banuelos, No. 17-11490 (5th Cir. 2019)Annotate this Case
The Fifth Circuit affirmed the district court's denial of defendant's motion to suppress and held that defendant was not in custody for purposes of Miranda. Considering all the circumstances of the interview and viewing the evidence in the light most favorable to the government, the court held that defendant was not "in custody," because a reasonable inmate in defendant's position would not expect to be required to stay in the office after the termination of the interview.
The court also held that the district court did not abuse its discretion in refusing to instruct the jury on a statute of limitations defense where there was no evidence that immigration authorities had actual or constructive knowledge of defendant's presence in the United States. Finally, the court held that defendant's challenge to jury selection was unavailing and defendant failed to show a clear or obvious Confrontation Clause error.
This opinion or order relates to an opinion or order originally issued on January 14, 2019.