United States v. Leticia Galeote

ORDER DENYING PETITION FOR PANEL REHEARING AND WITHDRAWING MEMORANDUM DISPOSITION

The panel has voted to deny the petition for panel rehearing. The memorandum disposition filed October 16, 2009, — Fed.Appx. -, 2009 WL 3326417 , is withdrawn. A superseding memorandum disposition is being filed concurrently with this order.

The petition for rehearing filed October 30, 2009 is DENIED. No further petitions for rehearing will be permitted.

MEMORANDUM

Leticia Galeote appeals her conviction and sentence for conspiracy to import marijuana, importation of marijuana, conspiracy to distribute marijuana and possession of marijuana with intent to distribute. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

The district court correctly found that officers’ posing of questions to Ga-leote’s daughter and her daughter’s friend did not constitute interrogation of Galeote. Questions related to the care of minors are “normally attendant to arrest and custody” and are not “reasonably likely to elicit an incriminating response.” Rhode Island v. Innis, 446 U.S. 291, 301 , 100 S.Ct. 1682 , 64 L.Ed.2d 297 (1980).

The district court did not abuse its discretion under…