United States v. Francisco Audia

42 F.3d 1402 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Francisco AUDIA, Defendant-Appellant. No. 93-50749. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1994. Decided Nov. 30, 1994. Before: CANBY, LEAVY, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 The parties are familiar with the facts, so we need not repeat them here. The district court did not err in denying Audia's motion to suppress his statements based upon the alleged Miranda violations. On February 12, 1992, when Investigator Smith orally advised Audia of his rights, Audia answered immediately and responsively that he understood the rights and was willing to waive them. When Audia indicated he was having trouble understanding Smith's oral advisement on April 26, 1993, Smith provided him with a written Spanish translation. Audia read the card and answered "yes" to Smith's questions about whether he had read the card,…