United States v. Herbert Hoover Akin

THORNBERRY, Circuit Judge:

This is an appeal from a jury conviction for unlawfully receiving and possessing goods transported in interstate commerce. 1 Appellant contends that an incriminating statement obtained from him by the FBI was impermissibly ad mitted against him in his trial because he was not given a proper Miranda warning. 2 After a careful review of the record, we have concluded that appellant was not entitled to Miranda warnings because he was not “in custody” at the time he was questioned.

Because of the difficulty of formulating a precise definition of “custodial interrogation”…