United States v. Jian Li

MEMORANDUM

Jian Li appeals his conviction for making a false statement or representation to the United States government in violation of 18 U.S.C. § 1001 . We reject his arguments and affirm. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

We review a district court’s interpretation of a statute de novo. United States v. Cabaccang, 332 F.3d 622, 624-25 (9th Cir.2003) (en banc). Whether a person is in custody and thus is entitled to Miranda warnings is a “mixed question of law and fact warranting de novo review.” United States v. Bassignani, 575 F.3d 879, 883 (9th Cir.2009) (quoting United States v. Kim, 292 F.3d 969, 973 (9th Cir.2002)); see also Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). “The admission of statements made in violation of a person’s Miranda rights is reviewed for harmless error.” United States v. Williams, 435 F.3d 1148, 1151 (9th Cir.2006) (quoting United States v. Butler, 249 F.3d 1094, 1098 (9th Cir.2001)).

A statement or representation is material for purposes of 18 U.S.C. § 1001 (a)(2) if it is “calculated to induce action or reliance” by another or “has a natural tendency to influence” another’s decisions. United States…