Munoz-Elias

MEMORANDUM **

Munoz-Elias (“Munoz”) appeals his conviction for importation of marijuana with intent to distribute in violation of 21 U.S.C. §§ 841 & 960. Munoz first contends that the customs agent rendered otherwise proper Miranda warnings inadequate by adding a confusing and misleading explanation. The agent first read Munoz his Miranda rights in Spanish and had Munoz initial each category to indicate he understood. She then read Munoz a section of the form entitled “Waiver of Rights,” and explained that signing this section indicated Munoz understood his rights and wanted to talk to the agents, but that “it didn’t mean that he was giving his rights up” and he could stop answering questions at any time. Although Munoz contends this rendered the entire warning inadequate, he does not deny that he was properly informed of all his rights in Spanish first.

*600 The effect of the agent’s unfortunately ambiguous and somewhat confusing subsequent statement goes to the issue whether Munoz made a knowing and intelligent waiver of his rights when he agreed to talk to the agents. The district court conducted an evidentiary hearing on this issue and concluded that Munoz had knowingly and…