United States v. Jaime Lares-Valdez

After a trial before the Honorable J. Lawrence Irving, District Judge, a jury convicted Jaime Lares-Valdez of possessing with intent to distribute and importing approximately 218 grams of heroin in violation of 21 U.S.C. §§ 841 (a)(1), 952 & 960. Lares-Valdez challenges a pretrial ruling by the Honorable Judith N. Keep denying a motion to suppress his statements. He claims drug enforcement agents failed to apprise him adequately of his constitutional rights in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). We affirm.

I

On October 18, 1989, Lares-Valdez requested admission to the United States at the Calexico port of entry. A customs inspector noticed that Lares-Valdez’s hands were shaking and that he wore thick-soled shoes resembling types used for drug smuggling. The inspector referred Lares-Valdez to a secondary inspection area, where his search found heroin in the soles of Lares-Valdez’s shoes. A DEA agent arrived, placed Lares-Valdez under arrest and advised him of his rights in Spanish, reading from a DEA Form. Lares-Valdez indicated that he understood his rights and then admitted that he knew he was in possession of heroin and was…