United States v. David Busby

MEMORANDUM

David Busby appeals his conviction under 18 U.S.C. § 2252 (a)(4)(B), and his ten year mandatory minimum sentence under § 2252(b)(2). Busby challenges various aspects of his conviction and sentence. We affirm.

1. Busby challenges the district court’s denial of his motions to suppress statements he made to two detectives on ■April 22, 2010, and to two federal agents on May 6, 2010. Busby argues that on both occasions he was in custody and the law enforcement officers failed to give him the warnings required by Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). We disagree.

When Busby met with the detectives on April 22, 2010, he was not in custody for purposes of Miranda . Under the circumstances of the encounter, a reasonable person would have felt free to end the interrogation. See United States v. Craighead, 589 F.3d 1073, 1082-88 (9th Cir.2008). The officers questioned Busby at his house, permitted his wife to remain for the questioning, did not unholster their weapons, used open-ended questions without specifying the type of evidence the government had found, and did not use improper intimidation or make promises to Busby. Cf.…