United States v. Jose Samaniego-Lara

MEMORANDUM

Jose Luis Samaniego-Lara (“Samanie-go”) appeals his jury-trial conviction for illegal re-entry after deportation in violation of 8 U.S.C. § 1826 . We affirm. Although Samaniego raises an important and novel issue regarding the practice of questioning arrestees about potential criminal immigration violations without first providing Miranda warnings, we conclude that he failed to preserve the Miranda issue in this case, and that we should not exercise our discretion to review the district court’s decision on the merits. We agree with the district judge, however, that the issue raised here is the type that should be decided on a full record, which may best be developed at a pre-trial hearing, especially in light of the testimony of an official witness that the practice is routine and continuing in the Maricopa County Jail.

I.

Samaniego first asserts that he was tried under a defective indictment. He contends that the indictment was duplicitous because it charged him with both “entering]” and being “found” in the United States “[o]n or about November 6, 2008.”

“[Section] 1326 sets forth three distinct offenses: ‘enter,’ ‘attempt to enter,’ and ‘found in.’ ” United…