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United States v. Chavira

The trial court found appellant guilty of violating �1001(a)(2) of Title 18. The 5th U.S. Circuit Court of Appeals held that the denial of appellant's motion to suppress statements elicited without Miranda warnings was reversed, the trial court's judgments of guilt and sentence were vacated, and the case was remanded for a new trial. 5th U.S. Circuit Court of Appeals, No. 08-51308, 08-09-2010

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Published opinion

Before GARWOOD, STEWART, and CLEMENT, Circuit Judges.

On March 26, 2008, Elizabeth Chavira, a United States citizen, attempted to enter the United States from Mexico at the Paso del Norte Port of Entry in El Paso, Texas. A minor teenage girl, P.L.D., accompanied Chavira. Customs officers took them to a passport control secondary processing area and questioned Chavira for thirty to forty minutes while she was hand-cuffed to a chair. Chavira appeals her conviction under 18 U.S.C. § 1001(a) for knowingly and willfully making a false statement to a Customs and Border Protection officer that P.L.D. was her daughter and a United States citizen, when she knew P.L.D. was in fact neither her daughter nor a United States citizen. Chavira argues that the district court erred in denying her motion to suppress statements made at secondary processing for the failure to give warnings pursuant to Miranda v. Arizona, 86 S.Ct. 1602 (1966). For the reasons set out below, we vacate her conviction and remand for a new trial.

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