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United States of America v. Enrique Faustino Aguilar Noriega

April 14, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ENRIQUE FAUSTINO AGUILAR NORIEGA, ANGELA MARIA GOMEZ AGUILAR, KEITH E. LINDSEY, STEVE K. LEE, AND LINDSEY MANUFACTURING COMPANY, DEFENDANTS.



The opinion of the court was delivered by: The Hon. A. Howard Matz United States District Judge

ORDER DENYING DEFENDANT STEVE )K. LEE'S MOTION TO SUPPRESS HIS NOVEMBER 20, 2008 STATEMENT

On February 28, 2011, defendant Steve K. Lee moved , and Lindsey Manufacturing Company moved to suppress his November 20, 2008 statement (Mot. #213).

The Court, having read and/or considered Lee's motion, the government's response, the testimony of Lee and Federal Bureau of Invetigation ("FBI") Special Agent Christpher Dodson, and the oral arguments of the parties, HEREBY DENIES Lee's motion, finding there is an insufficient showing that Lee was "in custody" and improperly denied his right to receive warnings pursuant Miranda v. Arizona, 384 U.S. 436 (1966). Lee's own testimony precludes a finding that he was in custody.

Although Lee asserted that he did not feel free to leave, this subjective feeling was not caused by any misconduct or custodial pressures imposed by any of the FBI agents participating in the November 20, 2008 search of defendant Lindsey Manufacturing Company. On an objective basis, it is significant that Lee stated that although he requested to end the interview, he would have preferred to continue. Such a statement reflects that the interview was voluntarily.

IT IS SO ORDERED.

20110414

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