United States v. Hiraldo Neyra-Agramonte

MEMORANDUM

Michel Martinez (“Martinez”) and Hiral-do Neyra-Agramonte (“Neyra-Agra-monte”) appeal from their convictions of conspiracy to possess with intent to distribute cocaine, arising from an episode in which Martinez arranged the purchase of five kilograms of cocaine for $90,000 from an undercover agent, and Neyra-Agra-monte arrived at the scene with a tractor trailer equipped with a custom-built secret compartment.

Martinez argues that the district court erred when it: (1) found his consent to search was voluntary; (2) found his waiver of his Miranda rights voluntary; and (3) rejected or altered two of his proposed jury instructions. None of the arguments has merit. The district court did not err in determining that Martinez voluntarily consented to the search in light of the “totality of the circumstances,” United States v. Drayton, 536 U.S. 194, 207 , 122 S.Ct. 2105 , 153 L.Ed.2d 242 (2002), including the unarmed agents’ presentation of a consent form, which Martinez read and signed. The district court’s credibility finding defeats Martinez’s argument that he did not voluntarily waive his Miranda rights. In any case, introduction of the evidence recovered in the search,…