Adem
United States v. Adem
Opinion
Lead Opinion
MEMORANDUM **
Adil Adem appeals his 135-month jury-conviction and sentence for armed bank robbery with a firearm, in violation of 18 U.S.C. §§ 2113 (a)(3) and 924(c). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Adem contends that the district court erred by denying his pre-trial motion to suppress his statements on the grounds that his Miranda waiver was both involuntary and unknowing due to his cultural background and difficulties with the English language. We review de novo both the denial of a motion to suppress, United States v. Wright, 215 F.3d 1020, 1025 (9th Cir.), cert. denied, 531 U.S. 969 , 121 S.Ct. 406 , 148 L.Ed.2d 313 (2000), and the voluntariness of a Miranda waiver. United States v. Amano, 229 F.3d 801, 803 (9th Cir.2000). However, we review for clear error whether a waiver was knowing and intelligent. Amano, 229 F.3d at 803 .
The record shows that the government demonstrated by a preponderance of the evidence the voluntariness of the waiver. See United States v. Cazares, 121 F.3d 1241, 1243-44 (9th Cir.1997) (stating the government’s burden of proof); Amano, 229 F.3d at 805 (applying a “totality of the circumstances” test for…