Ricardo Ramirez-Marentes v. Stuart Ryan

MEMORANDUM

Ricardo Ramirez-Marentes appeals the denial of his petition for a writ of habeas corpus. We granted a certificate of ap-pealability as to “whether the trial court’s admission of appellant’s statements violated his rights under the Fifth Amendment and Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).” We affirm the thorough and well-reasoned decision of the district court.

1. The state court’s conclusion that Marentes’ unwarned statements were voluntary is not an unreasonable application of clearly established federal law. See 28 U.S.C. § 2254 (d)(1). Like the district court, we have reviewed the videotape of the interrogation in question. At a minimum, fairminded jurists could disagree as to whether Marentes’ will was overborne by the totality of the circumstances surrounding the giving of his confession. See Dickerson v. United States, 580 U.S. 428 , 434, 120 S.Ct. 2326 , 147 L.Ed.2d 405 (2000); Withrow v. Williams, 507 U.S. 680, 693-94 , 113 S.Ct. 1745 , 123 L.Ed.2d 407 (1993) (identifying potentially relevant circumstances). Although the detectives employed tactics such as appealing to his conscience and minimizing the moral seriousness of…