United States v. Mary Dangerfield Bengivenga

CLARK, Chief Judge:

A jury found Mary Dangerfield Bengi-venga guilty of possessing marijuana with intent to distribute. A panel of this court reversed the conviction because the district court had denied Bengivenga’s motion to suppress evidence obtained before border patrol agents administered Miranda warnings.1 Our order granting rehearing en banc vacated the panel’s holding. We now affirm the conviction because Bengivenga was not “in custody” prior to her formal arrest and because, if a Miranda violation occurred, that alone would neither require exclusion of nontestimonial evidence nor…