United States v. Jerry Donovan

MEMORANDUM

The parties are familiar with the facts and arguments in the case so we do not repeat them here. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Donovan bases his evidentiary argument primarily on Alaska forfeiture law and principles of state sovereignty. However, “evidence seized in compliance with federal law is admissible without regard to state law.” United States v. Chavez-Vernaza, 844 F.2d 1368, 1374 (9th Cir.1987) (citation omitted). Cooperation and evidence sharing between state and federal agencies does not violate principles of state sovereignty.

Regarding the motion to suppress Donovan’s inculpatory statements, the district court’s factual finding after conducting an evidentiary hearing that Donovan’s testimony was not credible and its ruling that he was not subject to a two-step interrogation were not illogical, implausible, or without support in the record. See United States v. Hinkson, 585 F.3d 1247, 1262 (9th Cir.2009) (en banc) (citation omitted).

Finally, we hold that Donovan’s waiver of his Miranda rights was knowing, intelligent, and voluntary. See Miranda v. Arizona, 384 U.S. 436, 478-79 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).…