United States v. Raul Garcia-Escobar

39 F.3d 1189 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Raul GARCIA-ESCOBAR, Defendant-Appellant. No. 93-50226. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 12, 1994. Decided Nov. 1, 1994. Before: FEINBERG, * SCHROEDER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 1. Admission of Garcia-Escobar's confession did not violate due process, the privilege against self-incrimination, or his right to counsel. The district court believed Agent Reynoso's testimony that he read Garcia-Escobar the classic Miranda litany in Spanish from DEA form 13A, GER 216, and that Garcia-Escobar said he understood his rights and was willing to make a statement, GER 245-47, 329. The court also believed Reynoso's testimony that he did not promise freedom to Garcia-Escobar, but only told him that the agents and prosecutor might be able to help him if he cooperated. GER 247-48, 330. After observing Garcia-Escobar and…