United States v. Jaime Martinez-Garcia

MEMORANDUM

Jaime Martinez-Garcia appeals his conviction for two counts of assaulting a federal officer, in violation of 18 U.S.C. § 111 .

1. The district court did not err in concluding that Martinez-Garcia’s confession was voluntary. See Doody v. Ryan, 649 F.3d 986, 1011 (9th Cir.2011) (en banc); United States v. Haswood, 350 F.3d 1024, 1027 (9th Cir.2003); United States v. Kelley, 953 F.2d 562, 565 (9th Cir.1992). This conclusion was supported by the testimony of the discharging nurse and the interrogating agents regarding Martinez-Garcia’s medication and pain levels at the time closest to the confession. Conversely, Martinez-Garcia did not present any evidence that he was in pain or disoriented at the time of his interrogation. The evidence that he did present, regarding his condition several hours before, and more than 36 hours after the interrogation, was not directly probative of his medication and pain levels at the time he signed the Miranda waiver and confession. Moreover, the statement by the interrogating officer of which Martinez-Garcia complains, even if misleading, is insufficient to constitute coercion of the confession. See Amaya-Ruiz v. Stewart, 121 F.3d 486,…