United States v. Kenneth Blaine Willard

Appellant appeals his sentence under the sentencing guidelines. We affirm.

I

Appellant argues that the district court violated his fifth and sixth amendment rights in considering for sentencing purposes statements he made to arresting federal officers. The fifth and sixth amendments apply to information used at sentencing. See United States v. Watt, 910 F.2d 587 (9th Cir.1990). The district court’s findings of fact are reviewed for clear error. United States v. Wolf, 813 F.2d 970, 974 (9th Cir.1987). Review of the district court’s conclusion that a suspect’s statement to law enforcement officers was voluntary is de novo. Id., see also, United States v. Guerrero, 847 F.2d 1363, 1365 (9th Cir.1988).

When appellant was arrested by federal officers, he was, according to the testimony of the officers, advised that “any cooperation [he provided] would be made known to the U.S. Attorney who would ultimately prosecute any violations of federal law.” Reporter’s Transcript, (“R.T.”) at 5. Appellant testified that he understood “Well, he — they talked to me, if I would, you know, cooperate, that everything — it would be lighter and everything on me.” R.T. at 16.

As a basis for its ruling…