United States v. Brandon Conley

MEMORANDUM

A jury convicted Appellant Brandon Conley of manufacturing at least one hundred marijuana plants under 21 U.S.C. § 841 (a)(1) and possessing a firearm in connection with a drug trafficking crime under 18 U.S.C. § 924 (c)(1). The district court sentenced Conley to two consecutive five-year terms. Conley timely appealed.

The district court did not err in finding that Conley was not in custody for Miranda purposes when law enforcement agents questioned him in his front yard because the brief, casual encounter did not create a “police-dominated atmosphere.” See United States v. Craighead, 539 F.3d 1073, 1084 (9th Cir.2008) (listing factors relevant to whether a suspect is in custody in his home). Though the agents held the ammunition from Conley’s handgun and told Conley to stay in his front yard while they spoke with another suspect, these restrictions on his freedom of movement did not rise to a de facto arrest requiring Miranda warnings. See United States v. Woods, 720 F.2d 1022, 1029-30 (9th Cir.1983) (holding that brief questioning during an investigatory detention was not custodial).

Nor did the district court abuse its discretion in declining to remove juror…