United States v. Alejandro Hernandez-Flores

MEMORANDUM

Alejandro Hernandez-Flores appeals his conviction of illegal reentry after deportation in violation of 8 U.S.C. § 1326 . Hernandez-Flores argues that the district court erred by admitting statements he made to a border patrol agent that were taken in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). Because Hernandez-Flores did not move to suppress the statements in the district court as required by Rule 12(b)(3) of the Federal Rules of Criminal Procedure, we hold that Hernandez-Flores waived this argument and therefore affirm the judgment.

We have jurisdiction over this case under 28 U.S.C. § 1291 . The facts of the case are known to the parties. We do not repeat them here.

Rule 12 of the Federal Rules of Criminal Procedure requires a motion to suppress evidence to be raised before trial. Fed. R.CeimP. 12(b)(3)(C). A party’s failure to do so is treated as a waiver of the issue. Id. at 12 (e). The waiver is absolute: this court cannot even review the issue for plain error. United States v. Murillo, 288 F.3d 1126, 1135 (9th Cir.2002). A court may grant relief from the waiver if the party can show good cause as to why the motion was…