Case: 18-13147 Date Filed: 01/04/2019 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-13147 Non-Argument Calendar ________________________ D.C. Docket No. 0:18-cr-60021-BB-1 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MICHAEL ROY FRASER, Defendant - Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (January 4, 2019) Before JILL PRYOR, BRANCH and JULIE CARNES, Circuit Judges. PER CURIAM: Case: 18-13147 Date Filed: 01/04/2019 Page: 2 of 8 Michael Roy Fraser, a Jamaican citizen, was convicted by a jury of unlawfully procuring a certificate of U.S. naturalization, see 18 U.S.C. § 1425(a), and using an unlawfully procured certificate of naturalization as proof of citizenship, see 18 U.S.C. § 1423. At trial, the government introduced a videotaped recording of a U.S. Citizenship and Immigration Services (“USCIS”) agent’s interview with Fraser, in which Fraser admitted he paid a U.S. citizen for marrying him so he could become a lawful permanent resident. On appeal, Fraser argues that the district court should have suppressed the videotaped recording because the USCIS agent did not deliver Miranda warnings 1 to Fraser prior to initiating the interview. After careful review, we affirm. I. FACTUAL AND PROCEDURAL BACKGROUND The government presented the following facts at trial. Fraser, a Jamaican citizen, married a U.S. citizen and became a naturalized U.S. citizen. Fraser later submitted a petition asking for a non-citizen relative to be considered for permanent resident status. That petition stated that Fraser’s marriage to his U.S. citizen wife had ended and that he subsequently had married a Jamaican citizen, for whom he was now requesting permanent resident status based on his own U.S. citizenship. To adjudicate Fraser’s petition for his new wife to obtain permanent 1 Miranda v. Arizona, 384 U.S. 436 (1966). 2 Case: 18-13147 Date Filed: 01/04/2019 Page: 3 of 8 residency, a USCIS Immigration Officer requested that Fraser come to a USCIS field office for two interviews. At the second interview, the Immigration Officer escorted Fraser to the office of a USCIS Fraud Detection Unit duty officer. The duty officer conducted a videotaped interview with Fraser, and both the video and a government-prepared transcript of its contents were introduced at trial. No one gave Fraser Miranda warnings prior to or during his interview with the Fraud Detection Unit duty officer. The duty officer asked Fraser, “Was your marriage to [the U.S. citizen] a real marriage or did you marry her just so you could get your green card in the United States?” Doc 71 at 96.2 Fraser answered that he had married the U.S. citizen “[t]o get the green card.” Id. Fraser also told the duty officer that he had paid the U.S. citizen several thousand dollars after they married. More than three years after this interview, Fraser was indicted and arrested on the instant charges. Fraser’s trial counsel never moved to suppress the videotape, whether on the basis that Fraser should have received Miranda warnings or on ...
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