United States v. Ronald Harris

MEMORANDUM

Ronald Harris appeals the district court’s denial of his motion to suppress an admission supporting his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). We review the district court’s denial of the motion to suppress de novo. The district court’s factual findings, including the finding that the waiver was knowing and intelligent, are reviewed for clear error. United States v. Rodriguez-Rodriguez, 393 F.3d 849, 855 (9th Cir.2005). We affirm.

Contrary to Harris’s assertion, the district court considered the totality of the circumstances to determine whether Harris voluntarily and knowingly waived his right to remain silent. The district court did not err in applying United States v. George, 987 F.2d 1428, 1431 (9th Cir.1993).

The district court did not clearly err in finding that Harris was not too intoxicated to knowingly waive his right to remain silent. Despite his intoxication, Harris was coherent and responsive to questions and directions. Id. Harris cooperated, followed orders, and answered questions, providing his name, social security number, date of birth, the date of his release from prison, the nature of his…