United States v. Christopher Michael Smokey

81 F.3d 171 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Christopher Michael SMOKEY Defendant-Appellant. No. 95-10170. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 14, 1996. Decided March 27, 1996. Before: REINHARDT, THOMPSON, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Smokey appeals his conviction on the grounds (1) that the district court erred when it refused to suppress his confession, (2) that there was insufficient evidence to convict him of second degree murder, and (3) that the district court erred in refusing to give the jury a specific unanimity instruction. I. 3 A defendant may waive the rights conveyed in the Miranda warnings "provided that waiver is made voluntarily, knowingly and intelligently." Moran v. Burbine, 106 S.Ct. 1135, 1141 (1986). Determining whether a defendants' Miranda waiver is valid has two distinct dimensions: 4 First, the relinquishment of the right must…