Simonson

MEMORANDUM **

Michael Simonson appeals his conviction and sentence for Intent to Engage in Illicit Sexual Conduct and Attempted Enticement. See 18 U.S.C. § 2428 (a)-(b). We affirm in part, reverse in part and remand.

(1) Simonson asserts that the district court erred when it determined the United States immigration and customs officials did not violate his Miranda 1 rights when he was questioned at the border. The questioning by United States Border Protection Officers Eric Bikker and Dave Botten was brief and routine, 2 and thus did not violate Simonson’s Miranda rights. See United States v. Leasure, 122 F.3d 837, 840 (9th Cir.1997) (per curiam); see also United States v. Manasen, 909 F.2d 1357, 1359 (9th Cir.1990). However, Special Agent William Darrah’s subsequent pre-Miranda questioning of Simonson violated his Miranda rights because a reasonable innocent individual in Simonson’s position would have concluded “that after brief questioning he or she would not be free to leave.” United States v. Bravo, 295 F.3d 1002, 1009 (9th Cir.2002) (internal quotation marks omitted). Therefore, we must reverse as to that questioning and remand to permit Simonson to withdraw his guilty…