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U.S. v. MITTEL-CAREY

No. 06-1960.

493 F.3d 36 (2007)

UNITED STATES, Appellant, v. Robert MITTEL-CAREY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 11, 2007.

Attorney(s) appearing for the Case

Cynthia A. Young, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellant.

Oscar Cruz Jr., Assistant Federal Public Defender, with whom Christopher R. Goddu, Assistant Federal Public Defender, was on brief for appellee.

Before BOUDIN, Chief Judge, CYR and STAHL, Senior Circuit Judges.

STAHL, Senior Circuit Judge.

The district court issued an order suppressing statements made by the appellee, Robert Mittel-Carey, to FBI agents during a search of his home. Because we agree with the district court that a reasonable person in the appellee's situation would have believed he was in custody during the search, we affirm the suppression order.

I. Background

"We view the facts in the light most favorable to the district court's ruling with...

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