HUBBARD

v.

UNITED STATES

Citator

Cited By (21 total)

• Jean v. Nelson, 472 U.S. 846 (U.S. 1985)
  …ctions at trial is universally respected by the lower federal courts and is acknowledged by the Government. See, e. g., United States v. Henry, 604 F. 2d 908, 912-913 (CA5 1979); United States v. Casimiro-Benitez, 533 F. 2d 1121 (CA9), cert. denied, 429 U. S. 926 (1976); Brief in Opposition 20-21. Surely it would defy logic to say that a precondition for the applicability of the Constitution is an allegation that an alien committed a crime. There is no basis for conferring constitutional rights only on those…
• United States v. Duncan, 693 F.2d 971 (9th Cir. 1982)
  …e of erroneous admission of statements made in violation of the defendant’s Miranda rights if the admission of the statement was harmless beyond a reasonable doubt. United States v. Casimiro-Benitez, 533 F. 2d 1121, 1124-25 (9th Cir.), cert. denied, 429 U.S. 926, 97 S.Ct. 329, 50 L.Ed.2d 295 (1976). The admission of the statement referring to the IRS was harmless beyond a reasonable doubt. Duncan’s false statement that he was carrying only $5,000, was properly admitted. That statement, combined with physic…
• United States v. Henry, 604 F.2d 908 (5th Cir. 1979)
  …me, is entitled to those protections guaranteed by the Fifth Amendment in criminal proceedings which would include the Miranda warning. Wong Wing v. United States, supra; United States v. Casimiro-Benitez, 533 F. 2d 1121 (9 Cir. 1976), cert. denied, 429 U.S. 926, 97 S.Ct. 329, 50 L.Ed.2d 295 (1976). It is clear from these authorities that Appellant, an alien at the border, was entitled to the rights guaranteed by the Fifth Amendment, including the Miranda warning, only when the questioning of the immigrati…