United States v. Prakash Man Shrestha, Cross-Appellee

89 F.3d 847 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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, Cross-Appellant, v. Prakash Man SHRESTHA, Defendant-Appellant, Cross-Appellee. Nos. 95-50040, 95-50108. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 7, 1996. Decided June 24, 1996. 1 Before: WALLACE and T.G. NELSON, Circuit Judges, and BROWNING, * District Judge. 2 MEMORANDUM ** OVERVIEW 3 Prakash Man Shrestha, a native and citizen of Nepal, appeals the district court's denial of his motions to suppress statements allegedly made in violation of his Miranda rights and to declare a mistrial on the basis of allegedly improper jury instructions, in his jury trial for possession and importation of heroin in violation of 21 U.S.C. §§ 841 (a)(1) and 952(a). We affirm. ANALYSIS 4 1. Motion to suppress based on alleged Miranda violation. 5 To be valid, a waiver of Miranda rights "must be voluntarily, knowingly, and intelligently made."…