Pedroza-Ballina

MEMORANDUM **

Pedro Pedroza-Ballina (“Pedroza”) appeals his conviction and sentence for being a deported alien “found in” the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm the conviction, vacate the sentence, and remand for resentencing.

The district court did not err by declining to suppress Pedroza’s inculpatory statements as involuntary based upon his claim that the waiver of his Miranda rights was invalid. Under the “totality of the circumstances,” Pedroza’s Miranda waiver was “voluntary, knowing, and intelligent.” See United States v. Garibay, 143 F.3d 534, 536 (9th Cir.1998). He was ad *554 vised of his rights in Spanish, which is his native tongue; appeared to understand those rights; had prior experience with the criminal justice system; and signed a written waiver in Spanish attesting to the fact that he understood his rights and was willing to give up them up and answer questions without a lawyer present. See id. at 538 . In light of the signed, written waiver and the absence of an explanation for how the agent’s lack of familiarity with the Spanish term for…