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U.S. v. LUNA-ENCINAS

No. 08-12574.

603 F.3d 876 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Cesar Osvaldo LUNA-ENCINAS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 13, 2010.

Attorney(s) appearing for the Case

Ryan Thomas Truskoski (Court-Appointed), Orlando, FL, for Defendant-Appellant.

Nancy J. Hess, Pensacola, FL, E. Bryan Wilson, U.S. Atty., Tallahassee, FL, for U.S.

Before BLACK, MARCUS and HIGGINBOTHAM, Circuit Judges.

MARCUS, Circuit Judge:

Cesar Osvaldo Luna-Encinas was convicted of being an illegal alien in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(5)(A) and 924(a)(2). He appeals the district court's denial of his motion to suppress pre-Miranda statements he made to a police officer that led to the discovery of the firearm. After thorough review, we affirm because Luna-Encinas was not in "custody"...

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