United States v. Lucy Flores-Martinez

8 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lucy FLORES-MARTINEZ, Defendant-Appellant. No. 92-30253. United States Court of Appeals, Ninth Circuit. Submitted Aug. 30, 1993. Decided Sept. 20, 1993. Before: BROWNING, SCHROEDER, and HALL, Circuit Judges. 1 MEMORANDUM * 2 I. ADMISSIBILITY OF STATEMENTS MADE TO POLICE 3 Flores-Martinez argues her waiver of Miranda rights was invalid and her statements to the police were involuntary. Coercive police activity is a prerequisite for finding a confession or a Miranda waiver involuntary. Colorado v. Connelly, 479 U.S. 157, 167 (1986); Derrick v. Peterson, 924 F.2d 813, 821 (9th Cir.1990). The district court found no evidence of coercive police conduct and concluded "the time frame was not a factor that was over-long or unduly coercive or coercive at all." This factual determination is not clearly erroneous. U.S. v. Bland, 908 F.2d 471, 472 (9th Cir.1990) (factual…