Garcia-Ley

MEMORANDUM *

Luis Garcia-Ley appeals his guilty plea conviction and sentence for importation of marijuana in violation of 21 U.S.C. §§ 952 and 960. Garcia-Ley argues that he did not waive his rights under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), in light of Dickerson v. United States, 530 U.S. 428 , 120 S.Ct. 2326 , 147 L.Ed.2d 405 (2000), which held that Miranda was a constitutional decision. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

“We review de novo whether [GarciaLey] voluntarily waived his [Miranda] rights ... and for clear error whether the waiver was knowing and intelligent.” United States v. Cazares, 121 F.3d 1241, 1243 (9th Cir.1997) (citing United States v. Doe, 60 F.3d 544, 546 (9th Cir.1995)).

Garcia-Ley argues that in light of the Supreme Court’s decision in Dickerson , a defendant cannot implicitly waive his rights under Miranda. Dickerson held that Miranda “announced a constitutional rule” governing the admissibility of statements made during custodial interrogation, and that a defendant must be given Miranda warnings before interrogation. 530 U.S. at 444 , 120 S.Ct. 2326 . Here, the district court found that…