United States v. Antonio Santos

MEMORANDUM

Antonio Santos appeals his conviction for conspiracy to distribute and possess, with intent to distribute, 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers, a Schedule II controlled substance, in violation of 21 U.S.C. §§ 846 , 841(a)(1) and 841(b)(1)(A).

Santos argues that the district court erred in finding that the waiver of his Miranda rights was knowing and intelligent. We review the district court’s finding for clear error. United States v. Younger, 398 F.3d 1179, 1185 (9th Cir.2005). The district court’s finding was not clearly erroneous. It relied on testimony from four government agents in finding that Santos understood English and had agreed to answer questions. See United States v. Rodriguez-Preciado, 399 F.3d 1118, 1127-28 (9th Cir.2005). It also took note of the correction Santos made to his statement, showing Santos understood English. Based on these findings, the district court could properly conclude that Santos understood his rights and waived them. See United States v. BautistA-Avila, 6 F.3d 1360, 1366 (9th Cir.1993).

We review all of Santos’ remaining arguments for plain error because he failed to object to any of…