United States v. Lynell Denham

MEMORANDUM

Defendant-Appellant timely appeals his guilty plea to four counts of bank burglary and one count of possession of a firearm by a felon, in violation of 18 U.S.C. § 2113 (a) and 18 U.S.C. §§ 922 (g)(1), 924(a)(2). As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part, and reverse and remand in part.

The district court did not err when it ruled that Denham knowingly, intelligently, and voluntarily waived his Miranda right to remain silent when he confessed. See Miranda v. Arizona, 384 U.S. 436, 475 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966); Colorado v. Connelly, 479 U.S. 157, 170-71 , 107 S.Ct. 515 , 93 L.Ed.2d 473 (1986). When we consider the totality of the circumstances surrounding his waiver, United States v. Garibay, 143 F.3d 534, 536 (9th Cir.1998), and the particular facts of Denham’s “background, age, and conduct,” North Carolina v. Butler, 441 U.S. 369, 374-75, 99 S.Ct. 1755 , 60 L.Ed.2d 286 (1979), it is apparent that Denham understood and knowingly waived his right to silence. The police twice advised Denham…