David Ortiz v. Domingo Uribe, Jr., Warden

David Fernando Ortiz appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . In his petition, Ortiz raised a claim of a violation of his due process rights under the Fifth and Fourteenth Amendments based on the admission of his confession, which he asserts was not voluntary. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

I

The facts in this case are not in dispute.

On April 3,1997, Robert Chen died from three gunshot wounds inflicted during a carjacking in Barstow, CA. Two months later, the police received information implicating Ortiz and three other co-defendants. On June 5, 1997, Ortiz voluntarily accompanied Sergeant Steven Higgins and Detective Frank Bell to the Barstow Sheriffs Station for questioning. During a recorded interview, Ortiz was informed of, and waived, his Miranda rights. He also agreed to take a polygraph examination to support his statements that he was not involved in the shooting.

Sergeant Higgins and Detective Bell transported Ortiz to the sheriffs headquarters in San Bernardino for a polygraph examination. Detective Kathy Card-well conducted an interview to instruct him about the…