By: Derek Hawkins//September 13, 2021//
7th Circuit Court of Appeals
Case Name: United States of America v. Jorge L. Leal
Case No.: 20-3102
Officials: EASTERBROOK, BRENNAN, and SCUDDER, Circuit Judges.
Focus: Interlocutory Appeal – Miranda Warning
Jorge Leal used an online dating application to solicit sex acts from a user he believed was an underage boy. That user turned out to be a Federal Bureau of Investigation agent conducting a sting operation. In an interview with law enforcement, Leal confessed. He was then arrested and charged with knowingly attempting to entice a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b). Leal moved to suppress his incriminating statements, arguing that the agents failed to provide a Miranda warning before the interview. The district court granted the motion, and the government filed this interlocutory appeal. Because Leal was not “in custody” during the interview, we reverse.
Reversed and remanded