No. 09-11229 _________________________________________________________________ _________________________________________________________________ IN THE SUPREME COURT OF THE UNITED STATES JAMES FORD SEALE, PETITIONER v. UNITED STATES OF AMERICA ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT BRIEF FOR THE UNITED STATES IN OPPOSITION NEAL KUMAR KATYAL Acting Solicitor General Counsel of Record THOMAS E. PEREZ Assistant Attorney General JESSICA DUNSAY SILVER TOVAH R. CALDERON Attorneys Department of Justice Washington, D.C. 20530-0001
[email protected] (202) 514-2217 _________________________________________________________________ _________________________________________________________________ QUESTIONS PRESENTED 1. Whether the 2007 indictment in this case was barred by the five-year statute of limitations applicable to non-capital crimes, 18 U.S.C. 3282, where the indictment charged petitioner with two counts of kidnaping in 1964, in violation of 18 U.S.C. 1201, which at the time provided for capital punishment and therefore was subject to no limitation on prosecution, see 18 U.S.C. 3281. 2. Whether the court of appeals correctly rejected petitioner’s argument that his 1964 statement to the FBI should have been suppressed under Miranda v. Arizona, 384 U.S. 436 (1966), where petitioner argued to the district court and again in his initial appellate brief that his statement should be suppressed not under Miranda, but under pre-Miranda standards of voluntariness. (I) IN THE SUPREME COURT OF THE UNITED STATES No. 09-11229 JAMES FORD SEALE, PETITIONER v. UNITED STATES OF AMERICA ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT BRIEF FOR THE UNITED STATES IN OPPOSITION OPINIONS BELOW The opinion of the court of appeals (Pet.