William Scott Smith v. Manfred Maass, Superintendent, Oregon State Penitentiary

24 F.3d 251 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William Scott SMITH, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 93-35217. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 7, 1994. Decided April 29, 1994. 1 Before: POOLE and TROTT, Circuit Judges, and KING, * District Judge. 2 MEMORANDUM ** 3 William Scott Smith, an Oregon state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition. We affirm. 4 * Smith contends that the trial court should have suppressed his un-Mirandized confession to his father, mother, and fiancee. 1 5 Miranda warnings were not required because Smith's conversations with his family were not "custodial interrogations." See Illinois v. Perkins, 496 U.S. 292, 297 (1990); Alexander v. Connecticut, 917 F.2d 747, 750-51 (2d Cir.1990), cert. denied, 111 S.Ct. 2831 (1991); cf. United States v. Eide, 875 F.2d 1429,…