United States v. Brian Hile

MEMORANDUM

Appellant Brian Hile appeals his conviction of two counts of interstate stalking in violation of 18 U.S.C. § 2261A(1) (2006). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

I. Suppression Motion

1. Hile did not challenge the admission of statements he made at the El Cajon police station or during the County Mental Health (CMH) intake interview as coerced or involuntary in his motion to suppress. Thus, Hile waived these challenges. See United States v. Murillo, 288 F.3d 1126, 1135 (9th Cir.2002); Fed. R.Crim.P. 12(b)(3), (c). As Hile has not offered any explanation as to why he did not raise these challenges earlier, we will not decide these issues. Murillo, 288 F.3d at 1135 (waived challenges under Rule 12 may still be addressed “for cause shown” (internal quotations and citation omitted)).

2. The district court did not plainly err in allowing the government to cross-examine Hile with statements he made at the El Cajon police station. Although the statements were excluded from the government’s case-in-chief because they were obtained illegally without a Miranda advisement, such statements may be used for impeachment. See Harris v. New York, 401 U.S.…