United States v. Rodney Belvado

359 F. App'x 854

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 21, 2009
• Docket: 08-10567
• Status: Unpublished

Opinion

MEMORANDUM *

This is Belvado’s second appeal of his conviction for first degree murder. On the first appeal, this court remanded for consideration of whether Belvado’s pre-confession waiver of Miranda rights was knowing and intelligent. “For inculpatory statements made by a defendant during custodial interrogation to be admissible in evidence, the defendant’s ‘waiver of Miranda rights must be voluntary, knowing, and intelligent.’ ” United States v. Garibay, 143 F.3d 534, 536 (9th Cir.1998) (quoting United States v. Binder, 769 F.2d 595, 599 (9th Cir.1985)).

Upon remand, the district court found that Belvado’s waiver was knowing and intelligent. We review that determination for clear error. Garibay, 143 F.3d at 536 (citing United States v. Cazares, 121 F.3d 1241, 1243 (9th Cir.1997)). Under the totality of the circumstances here and the case law of this circuit, the district court’s conclusion was not clear error.

AFFIRMED.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.