United States Ninth Circuit

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US v. Fomichev, 16-50227

Vacated the denial of a motion to suppress evidence in a case where an immigrant from Russia was prosecuted for making false statements on immigration documents. The immigrant, who had married a U.S. citizen allegedly for the sole purpose of obtaining U.S. citizenship, argued that audio recordings of his conversations with his wife, who had agreed to wear a concealed recording device at federal agents' request, were inadmissible under the marital communications privilege. On appeal, the Ninth Circuit agreed with him that the district court made an erroneous ruling on the marital communications privilege, and remanded for further proceedings.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/08/08

Judges

  • Christen

Court

  • United States Ninth Circuit

Counsel


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