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UNITED STATES v. MATA-ABUNDIZ

No. 83-3046.

717 F.2d 1277 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus MATA-ABUNDIZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 4, 1983.

Attorney(s) appearing for the Case

Robert S. Linnell, Asst. U.S. Atty., Yakima, Wash., for plaintiff-appellee.

Paul D. Edmondson, Yakima, Wash., for defendant-appellant.

Before WRIGHT, PREGERSON and FERGUSON, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Mata-Abundiz was convicted of possession of a firearm by an illegal alien. At trial, the only evidence of Mata's alienage was his admission to a criminal investigator for the Immigration and Naturalization Service (INS) that he was a citizen of Mexico. Mata made the statement while he was jailed on state charges. He was not given Miranda warnings. The question presented is whether the investigator's failure to give Mata the...

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