U.S. v. BECKER

No. 87-5215.

855 F.2d 644 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Darren Joseph BECKER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1988.


Attorney(s) appearing for the Case

Paul H. Duvall, King & Ballow, San Diego, Cal. for defendant-appellant.

Cynthia Lynne Millsaps, Asst. U.S. Atty., Criminal Div., San Diego, Cal., for plaintiff-appellee.

Before GOODWIN and HALL, Circuit Judges, and PANNER, District Judge.


GOODWIN, Chief Judge:

Darren Joseph Becker appeals his conviction of one count of making a false statement to a government officer, in violation of 18 U.S.C. § 1001 (1982). He contends that his response to a question posed by a Customs port director during a prearrest, noncustodial interrogation falls within the exculpatory no exception which, in this circuit, is a defense in § 1001 prosecutions. We affirm.

On March 1, 1987, Becker, who was accompanied...

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