Colwell

MEMORANDUM *

William Boyd Colwell appeals his conviction for two counts of transporting illegal aliens, two counts of harboring illegal aliens, and one count of conspiracy to transport and harbor illegal aliens under 8 U.S.C. § 1324 (a)(l)(A)(ii), -(iii), & -(v)(I) (2000). He was sentenced to a 27-month term of incarceration and 36 months of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 (2000) and we affirm.

Colwell first challenges the admission of incriminating statements that he made at the time border patrol agents arrived on the scene. He asserts that these statements were taken in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). We review the trial court’s decision to admit the statements de novo. United States v. Soliz, 129 F.3d 499, 503 (9th Cir.1997).

Regardless of whether the defendant was in custody at the time that he told the officers there were aliens in the house, he does not contest the voluntariness of his consent to allow the officers to search the house. The evidence found as a result of the search was far more incriminating than the statements challenged as a violation of Miranda . There was no…