United States v. Sergio Herran

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 29 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-10157

Plaintiff-Appellee, D.C. No. 4:17-cr-01026-RCC-JR-1 v.

SERGIO HERRAN, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona Raner C. Collins, District Judge, Presiding

Argued and Submitted October 6, 2021 San Francisco, California

Before: THOMAS, Chief Judge, and HAWKINS and FRIEDLAND, Circuit Judges.

Sergio Herran appeals his convictions for distribution and possession of

child pornography following a jury trial, challenging the district court’s denial of

his motion to suppress statements made during a police interrogation at his home.

We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Whether a defendant was in custody for purposes of Miranda v. Arizona,

384 U.S. 436 (1966), is a…