United States v. Joel Nunes

943 F.2d 56 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Joel NUNES, Defendant-Appellant. No. 89-50464. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1991. * Decided Sept. 6, 1991. Before WALLACE, Chief Judge and GOODWIN and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Joel Nunes appeals his conviction and sentence for conspiracy to possess with intent to distribute heroin and possession with intent to distribute heroin in violation of 21 U.S.C. §§ 846 & 841(a)(1) (1988). We affirm. 3 Nunes contends that the district court erred in determining that his post-arrest statements were voluntary and that his Miranda waiver was valid. We review the voluntariness of a confession and of a Miranda waiver de novo. See Collazo v. Estelle, No. 88-2443, slip op. at 8877 (9th Cir. July 18, 1991) (en banc); Terrovona v. Kincheloe, 852 F.2d 424, 428 (9th Cir.1988), cert. denied, 111 S.Ct. 1631 (1991).…