DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
081755P.pdf 03/05/2009 United States v. Mohamad Elzahabi
U.S. Court of Appeals Case No: 08-1755
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Benton, Author, with Wollman and Beam, Circuit Judges]
Criminal case - criminal law. Where FBI agents never restrained or
handcuffed defendant, regularly reminded him that his participation was
voluntary and repeatedly advised him he was free to leave, the district
court did not err in finding defendant was not in custody during the
session and that the statements he made were admissible even though he
never received a Miranda warning; failure to Mirandize defendant before
this first interview session did not taint subsequent interrogations;
evidence was sufficient to support defendant's conviction for knowingly
possessing and using a fraudulently obtained immigration document.