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U.S. v. FNU LNU

Docket No. 10-419-cr.

653 F.3d 144 (2011)

UNITED STATES, Appellee, v. FNU LNU, a/k/a Sandra Calzada, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 9, 2011.

Attorney(s) appearing for the Case

Colleen P. Cassidy , of counsel, Federal Defenders of New York, Inc., Appeals Bureau, New York, N.Y., for Defendant-Appellant.

Lan Nguyen , ( Peter A. Norling , on the brief), Assistant U.S. Attorneys, of counsel, for Loretta Lynch , United States Attorney for the Eastern District of New York, Brooklyn, N.Y., for Appellee.

Chief Judge JACOBS concurs in the judgment of the Court and files a separate opinion.

CALABRESI, Circuit Judge:

The district court (Weinstein, J.) denied the defendant's motion to suppress testimony from the Customs and Border Patrol (CBP) officer who questioned her without Miranda warnings on her arrival at John F. Kennedy International Airport. We reject the district court's reasoning that either a general exception to Miranda for border questioning exists or that the officer's intent in posing the questions is relevant. But...

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