United States v. Mark Lee Murray

70 F.3d 121 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mark Lee MURRAY, Defendant-Appellant. No. 95-10008. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 18, 1995. Decided Nov. 1, 1995. Before: SKOPIL, PREGERSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Mark Lee Murray appeals his jury conviction for carjacking under 18 U.S.C. Sec. 2119 and for use of a firearm during and in relation to a crime of violence under 18 U.S.C. Sec. 924 (C)(1). Murray maintains that the district court erred in finding that his waiver of Miranda rights was knowing and intelligent. He also maintains that his refusal to return the vehicle he was test driving does not constitute a "taking" of the car under 18 U.S.C. Sec. 2119 . We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm. FACTS AND PRIOR PROCEEDINGS 3 On May 10, 1993, defendant-appellant Mark Lee Murray test drove several cars at Champion Chevrolet,…