United States v. Alex Medicine Horse, Jr.

MEMORANDUM

Defendant-Appellant Alex Medicine Horse, Jr. appeals his conviction for aggravated sexual abuse under 18 U.S.C. §§ 1153 and 2241(c). Medicine Horse contends that the district court erred when it denied: (i) his motion to suppress a recorded statement he made to the FBI after failing a polygraph test; and (ii) his motion in limine seeking to preclude several witnesses from testifying about other allegations of sexual abuse. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

Medicine Horse contends that his post-polygraph statements were involuntary, and were made in violation of his rights under Miranda, the Fifth Amendment, and the Sixth Amendment. To determine whether a statement was voluntary, we review the “totality of the circumstances” to determine “whether the defendant’s will was overborne.” United States v. Crawford, 372 F.3d 1048, 1060 (9th Cir.2004) (en banc). Here, the record demonstrates that Medicine Horse had extensive experience in law enforcement, was 67 years old, had a GED, and the interview was relatively brief. Medicine Horse did not suggest that he had any mental health issues and understood that he could terminate the…