United States v. Jessie Lee Longoria

229 F. App'x 885
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 10, 2007
Docket06-11139
StatusUnpublished
Cited by1 cases

This text of 229 F. App'x 885 (United States v. Jessie Lee Longoria) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Jessie Lee Longoria, 229 F. App'x 885 (11th Cir. 2007).

Opinion

*887 PER CURIAM:

Appellant Juan Geraldo Arrendondo appeals his conviction for possession with intent to distribute 500 grams or more of cocaine, in violation of 21 U.S.C. § 841(a)(1). Arrendondo argues that his conviction should be overturned because the district court erroneously denied his motion to suppress incriminating statements that he made to law enforcement after his arrest.

Appellant Jessie Lee Longoria appeals his 63-month sentence for conspiracy to possess and distribute cocaine, in violation of 21 U.S.C. § 846. Longoria argues that the district court erred by (1) applying a two-level enhancement for obstruction of justice, and (2) calculating his offense level based on a finding that he was responsible for 417.6 grams of cocaine.

I. Arrendondo’s Appeal

We first address Arrendondo’s appeal. Specifically, Arrendondo argues that he did not knowingly and intelligently waive his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), when he spoke to law enforcement officers because his rights were read to him in English instead of his native language of Spanish. Thus, he contends that the district court erred in denying his motion to suppress.

We review the denial of a motion to suppress under a mixed standard of review, reviewing the district court’s findings of fact for clear error and its application of law to the facts de novo. United States v. Thompson, 422 F.3d 1285, 1295 (11th Cir.2005), ce rt. denied, — U.S. —, 127 S.Ct. 748, 166 L.Ed.2d 579 (2006). Further, all facts are viewed in the light most favorable to the party that prevailed in district court. Id. We must accept a district court’s credibility determination “unless we are left with the definite and firm conviction that a mistake has been committed.” United States v. Chirinos, 112 F.3d 1089, 1102 (11th Cir.1997) (internal quotations and citation omitted). When deciding the ultimate issue of the voluntariness of a defendant’s confession, we may substitute our independent judgment after a review of the entire record. Cannady v. Dugger, 931 F.2d 752, 753-54 (11th Cir.1991).

The Fifth Amendment provides that “[n]o person ... shall be compelled in any criminal case to be a witness against himself.” U.S. Const, amend. V. In Miranda, the Supreme Court considered the scope of the Fifth Amendment privilege against self-incrimination and held that the government “may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.” 384 U.S. at 444, 86 S.Ct. at 1612. The Supreme Court articulated a two-pronged right against self-incrimination: the right to remain silent, and the right to have counsel present during custodial interrogation. 384 U.S. at 444-45, 86 S.Ct. at 1612. “The law in this area is clear: once an accused requests counsel, the officer cannot ask questions, discuss the case, or present the accused with possible sentences and the benefits of cooperation.” United States v. Gomez, 927 F.2d 1530, 1539 (11th Cir.1991).

An accused may waive his right against self-incrimination, so long as (1) the defendant voluntarily relinquished his rights as the product of a free and deliberate choice, rather than through intimidation, coercion, or deception; and (2) the defendant made his decision with a full awareness of both the nature of the rights being abandoned and the consequences of the decision to abandon them. United States v. Barbour, *888 70 F.3d 580, 585 (11th Cir.1995). “If a defendant cannot understand the nature of his rights, he cannot waive them intelligently.” Miller v. Dugger, 838 F.2d 1530, 1539 (11th Cir.1988). A waiver of Miranda rights is effective “[o]nly if the totality of the circumstances surrounding the interrogation reveal[s] both an uncoerced choice and the requisite level of comprehension.” Moran v. Burbine, 475 U.S. 412, 421, 106 S.Ct. 1135, 1141, 89 L.Ed.2d 410 (1986) (internal quotation and citation omitted). A written waiver “is not inevitably either necessary or sufficient to establish waiver.” North Carolina v. Butler, 441 U.S. 369, 373, 99 S.Ct. 1755, 1757, 60 L.Ed.2d 286 (1979).

Once an accused has invoked his right to counsel, he cannot be subjected to further interrogation until counsel has been provided to him, even if he has been advised of his rights. Gomez, 927 F.2d at 1537. However, the accused may waive his right by reinitiating a conversation with law enforcement authorities. Id.; see also Henderson v. Singletary, 968 F.2d 1070, 1073-74 (11th Cir.1992).

In this case, Arrendondo admits that, although he initially indicated his desire to speak with an attorney before speaking to the law enforcement officers, he later initiated the conversation in which he made the incriminating statements. He does not challenge the substance of the Miranda warnings or allege that he was coerced into confessing; rather, he argues only that he did not understand English. However, the evidence indicates that Arrendondo spoke fluent English and engaged in conversations with the law enforcement officers in no other language but English before his rights were read to him. There is no evidence that Arrendondo asked for or needed an interpreter. Thus, the district court’s finding that Arrendondo understood English is not clearly erroneous. After Arrendondo’s rights were read to him in English, he stated, in English, that he understood his rights. Accordingly, we conclude from the record that Arrendondo knowingly, voluntarily, and intelligently waived his Miranda rights.

II. Longoria’s Appeal

We now turn to Longoria’s appeal of his sentence. We review the district court’s application of the Sentencing Guidelines de novo and its underlying factual findings for clear error. United States v. Pope,

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555 F. Supp. 2d 1254 (M.D. Alabama, 2008)

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Bluebook (online)
229 F. App'x 885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jessie-lee-longoria-ca11-2007.