United States v. Bobby Joe Floyd

77 F.3d 491 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Bobby Joe FLOYD, Defendant-Appellant. No. 95-50047. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 5, 1995. Decided Feb. 12, 1996. Before: BEEZER, BRUNETTI, and JOHN T. NOONAN, JR., Circuit Judges. 1 MEMORANDUM * 2 Bobby Joe Floyd was convicted by a jury for armed bank robbery and forced accompaniment, in violation of 18 U.S.C. § 2113 (a), (d), and (e). He appeals his conviction and sentence. He argues that the district court committed reversible error by admitting evidence of his post-arrest confession. He also contends that the district court improperly denied him credit for acceptance of responsibility in his sentence. We have jurisdiction. 28 U.S.C. § 1291 . 3 I. Waiver of Miranda Rights. 4 This Court begins with a Due Process inquiry into whether the confession was voluntarily given. Collazo v. Estelle, 940 F.2d 411, 415 (9th…