Bassignani

facts as determined by the district court show>

II

The panel has voted to deny the petition for rehearing en banc. Judges O’Scannlain and Gould voted to deny the peti- tion for rehearing en banc. Judge Bea voted to grant the peti- tion for rehearing en banc. The full court has been advised of the petition for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35.

The petition for rehearing en banc is DENIED. No further petitions for rehearing or rehearing en banc may be filed.

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether a criminal defendant was “in cus- tody” when police officers interviewed him for over two hours in a conference room at his workplace.

I

A

In 2005, Yahoo, Inc. reported that “a user with the email address ‘big_perm2469@yahoo.com’ had uploaded child por- 10428 UNITED STATES v. BASSIGNANI nographic images to Yahoo sites.” That report caught the attention of the Sacramento Valley High Tech Crimes Unit, which launched an investigation. During the ensuing inquiry, officers discovered that an alternate e-mail address for the same user was “alex.bassignani@tellabs.com.”…