United States v. Richard David Lavalle

19 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard David LaVALLE, Defendant-Appellant. No. 92-50533. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 1, 1994. Decided Feb. 28, 1994. 1 Before: BROWNING, BOOCHEVER, and KLEINFELD, Circuit Judges 2 MEMORANDUM * 3 I. Validity of Miranda Waiver and Confession 4 LaValle's Miranda waiver was voluntary. A defendant who has invoked the right to silence may later waive that right and provide statements to the police. Edwards v. Arizona, 451 U.S. 477, 485 (1981). The district court found 1) LaValle initiated contact with Lundin on the way back to jail after arraignment and asked to speak with a detective about the robbery; 2) when read Miranda warnings, LaValle said he understood each of the rights and said "Sure" when Griffin asked if he wished to talk. These findings are not clearly erroneous, U.S. v. Bland, 908 F.2d 471, 472 (9th Cir.1990)…