United States v. William Fuller

MEMORANDUM

Bill Fuller (“Fuller”) appeals his conviction for attempted transportation and shipping of child pornography in violation of 18 U.S.C. § 2252 (a)(1) and (b)(1) and possession of child pornography in violation of 18 U.S.C. § 2252 (a)(4)(b), (b)(2). We affirm.

1. The district court did not err when it denied Fuller’s motion to suppress the statements he made to FBI Agent Andrews, because Fuller was not in custody when he made those statements. “[A] district court’s in custody determination is a mixed question of law and fact warranting de novo review.” United States v. Bassignani, 575 F.3d 879, 883 (9th Cir.2009) (internal quotations marks omitted).

A person is in custody when, considering all of the circumstances, a reasonable person would not feel free to leave. Id. We have previously identified five non-exclusive factors to guide this analysis: “(1) the language used to summon the individual; (2) the extent to which the defendant is confronted with evidence of guilt; (3) the physical surroundings of the interrogation; (4) the duration of the detention; and (5) the degree of pressure applied to detain the individual.” Id. (internal quotations and citations omitted).…