United States Eighth Circuit

Conviction for immigration fraud is upheld where: 1) defendant was not in custody during the interview session and did not need a Miranda warning as the agents repeatedly advised defendant he was free to leave, never physically restrained him, and never placed him in handcuffs; 2) failure to Mirandize him before the original interview did not taint subsequent interrogations; and 3) evidence was sufficient to support defendant's conviction for knowingly possessing and using a fraudulently obtained immigration document.

Appellate Information

• Decided 03/05/2009
• Published 03/05/2009

Judges

• BENTON, Circuit Judge., Before WOLLMAN, BEAM, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Paul C. Engh, argued, Minneapolis, MN, Peter B. Wold, III and Aaron Morrison, Minneapolis, MN, on the brief, for appellant.


• For Appellees:
  
• John W. VanLonkhuyzen, AUSA, argued, Washington, DC, W. Anders Folk, AUSA, Minneapolis, MN, on the brief, for appellee.