Ayala-Cerda

MEMORANDUM **

Nicholas Ayala-Cerda was convicted of one count of illegally reentering the United States in violation of 8 U.S.C. § 1326 . He was sentenced to confinement for a term of 78 months, to be followed by supervised release for a period of 3 years. AyalaCerda appeals his conviction and sentence on various grounds. The facts and prior proceedings are known to the parties, and are restated herein only as necessary.

I

Ayala-Cerda first argues that the district court erred in admitting evidence of his post-Miranda statement because it was preceded by pre-Miranda questioning that resulted in an incriminating pr e-Miranda statement. As we re *656 cently decided in United States v. Orso, 266 F.3d 1030 (9th Cir.2001) (en banc), a warned confession is not per se inadmissible simply because it was preceded by an unwarned confession. Rather, in such circumstances, the warned confession should be suppressed only if the prior unwarned confession was “involuntary, and any taint therefrom had not dissipated by the time [the defendant] was read the Miranda warnings.” Id. at 1037 . In this case, there is no evidence to suggest that Ayala-Cerda’s pre-Miranda statement was involuntary. 1…