United States Second Circuit

Conviction and sentencing of defendant for making a false statement in a passport application, misusing a passport, and aggravated identity theft, all arising from an inspection by a USCIS officer at JFK, are upheld where on the totality of the circumstances, the defendant was not in custody during questioning and therefore the failure of the officer to give defendant her Miranda warnings was not fatal.

Appellate Information

• Decided 08/09/2011
• Published 08/09/2011

Judges

• CALABRESI

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• COLLEEN P. CASSIDY, LAN NGUYEN