United States v. Okatan, No. 12-1563 (2d Cir. 2013)
Annotate this CaseDefendant was convicted of three counts relating to illegally bringing an alien into the United States. At issue on appeal was the government's use of evidence that defendant asked to speak to a lawyer when a border patrol agent initiated an interview prior to his arrest. The court concluded that this use of evidence in the government's case in chief violated defendant's rights under the Fifth Amendment and the error was not harmless beyond a reasonable doubt. Accordingly, the court vacated the judgment of the district court and remanded for further proceedings.
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