United States v. Ulices Montiel

MEMORANDUM

Defendant Ulices Montiel appeals from his conviction, after a jury trial, for transporting illegal aliens in violation of 8 U.S.C. § 1324 (a)(l)(A)(ii). We affirm.

The sole question presented is whether Defendant’s confession was voluntary. We review de novo the conclusion of voluntariness, United States v. Crawford, 372 F.3d 1048, 1053 (9th Cir.2004) (en banc), but review the district court’s underlying findings of fact for clear error, United States v. Gamez, 301 F.3d 1138, 1144 (9th Cir.2002). We owe special deference to the trial court’s credibility determinations. United States v. Nelson, 137 F.3d 1094, 1110 (9th Cir.1998).

Here, the pivotal issue is whether Agent Hamilton induced Defendant to confess by promising him that, if he provided information, he would not be charged with a crime. During the drive from the border to El Centro, Defendant asked Hamilton if he could avoid being charged with a crime if he gave information; Hamilton replied that he would ask his boss. Defendant claimed that, after they arrived at the station, Hamilton left him alone for ten minutes, while parked in a secure area, after which Hamilton returned and asked Defendant, “You’re…