United States Second Circuit

Defendant's conviction on three counts relating to illegally bringing an alien into the United States is vacated and remanded, where: 1) the government introduced evidence that defendant asked to speak to a lawyer during an interrogation by a border patrol agent prior to his arrest; 2) the use of this evidence in the government's case in chief violated defendant's rights under the Fifth Amendment; and 3) the error was not harmless beyond a reasonable doubt.

Appellate Information

• Decided 08/26/2013
• Published 08/26/2013

Judges

• LYNCH

Court

• United States Second Circuit

Counsel