United States Fifth Circuit

Defendant's conviction for knowingly and willfully making a false statement to a Customs and Border Protection officer is vacated where: 1) there was evidence that defendant was in actuality not free to leave the interrogation that occurred; and 2) defendant's freedom of movement was severely restrained to the degree a reasonable person would associate with arrest when she made the statement at issue.

Appellate Information

• Decided 08/06/2010
• Published 08/06/2010

Judges

• William L. Garwood

Court

• United States Fifth Circuit

Counsel