Moreno-Rocha

United States v. Moreno-Rocha

Good Law
19 F. App'x 507
United States Court of Appeals for the Ninth CircuitAugust 20, 2001No. 01-50121; D.C. No. CR-00-03348-IEGCalifornia987 words

Opinion

Lead Opinion

MEMORANDUM **

A jury convicted Martin Moreno-Rocha, a citizen of Mexico, of being a previously-deported alien found in the United States, in violation of 8 U.S.C. § 1326 . Moreno-Rocha appeals from his conviction. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we AFFIRM.

Appellant’s principal argument is that his admissions were improperly used against him at trial. The government used Appellant’s inculpatory answers, given after receiving Miranda warnings, to questions from Border Patrol Agent Thomas Hendricks. The government did not use Appellant’s inculpatory answers to another agent’s questioning before the warnings. Appellant claims that his post-warning statements were tainted by his pre-warning answers. The district court refused to suppress, finding that both the pre-warning and post-warning statements were made voluntarily. The court also found that the questioning was not coercive, and did not involve any “improper tactics,” as Appellant vaguely alleged.

We review the record de novo to examine first the circumstances of the prewarning statements. Appellant points to no evidence that his pre-warning statements were coerced, or the product of “improper…

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