Saavedra-Martinez

United States v. Saavedra-Martinez

Good Law
120 F. App'x 706
United States Court of Appeals for the Ninth CircuitJanuary 18, 2005No. 04-10000California1,225 words

Opinion

Lead Opinion

MEMORANDUM *

Juan Saavedra-Martinez, the Appellant, appeals his conviction by jury trial for illegal reentry after deportation in violation of 8 U.S.C. § 1326 (a). Specifically, Saavedra-Martinez challenges whether the district court erred in denying a motion to suppress evidence on the ground that Saavedra-Martinez was “in custody” when a border patrol agent questioned him about his citizenship and possession of immigration documents without first giving a Miranda warning. We have jurisdiction to review the district court’s decision pursuant to 28 U.S.C. § 1291 . We affirm.

*707 Saavedra-Martinez was arrested by a U.S. border patrol agent on April 11, 2003. That night, a remote infrared camera operator saw a person emerge from the brush line along the Colorado River and directed a border patrol agent to the area. A short time later, the agent found Saavedra-Martinez attempting to conceal himself in a ditch, approximately a mile and a half from the Mexico border. At that time, the agent suspected Saavedra-Martinez was an illegal alien because Saavedra-Martinez had emerged from an area commonly used by Mexican citizens to enter the United States illegally.

The agent identified…

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