United States v. Zeljko Boskovic

MEMORANDUM

Zeljko Boskovic appeals his convictions for possessing a green card procured by means of material false statements and making material false statements in a matter within the jurisdiction of the Department of Homeland Security. See 18 U.S.C. §§ 1546 (a), 1001(a). We affirm.

1. Motion to Suppress Statements as Involuntary.

Statements made to law enforcement officers are “involuntary” if, “considering the totality of the circumstances, the government obtained the statements] by physical or psychological coercion or by improper inducement so that the suspect’s will was overborne.” United States v. Leon Guerrero, 847 F.2d 1363, 1366 (9th Cir. 1988). Based on the totality of the circumstances, the government has shown by a preponderance of the evidence that the challenged statements made to law enforcement officers were not involuntary. We affirm the district court’s denial of Boskovic’s motion to suppress.

2. Motion to Exclude Statements Made Through Interpreter.

The Confrontation Clause prohibits admission of testimonial hearsay in criminal cases unless the declarant is unavailable and the defendant has been afforded a prior opportunity for cross-examination. See…