United States v. Ramiro Cisneros-Hernandez

MEMORANDUM

Ramiro Cisneros-Hernandez (“Cisne-ros-Hernandez”) appeals his convictions for conspiracy to import at least 100 kilograms of marijuana, importation of at least 100 kilograms of marijuana, and possession with intent to distribute at least 100 kilograms of marijuana. Cisneros-Hernandez contends that the district court erred by denying his motion to suppress his Miran-dized post-arrest statements, and that the error was not harmless. We have jurisdiction under 28 U.S.C. § 1291 . Because the district court correctly denied the motion to suppress, we affirm the conviction.

Given his physical and mental state after being shipwrecked on San Nicolas Island for three days, the interrogation at the United States Navy facility on the island, and the alleged use of handcuffs during the interrogation, Cisneros-Hernandez argues that he involuntarily waived his Mi randa rights. The voluntariness of a waiver of Miranda rights is reviewed de novo. United States v. Jennings, 515 F.3d 980, 986 (9th Cir.2008). The district court’s underlying factual findings are reviewed for clear error. United States v. Doe, 155 F.3d 1070, 1074 (9th Cir.1998).

To determine whether a confession was…