Castro-Cardenas

MEMORANDUM ***

Defendant Aaron Castro-Cardenas appeals his convictions for importing 28.4 kilograms of marijuana into the United States, 18 U.S.C. §§ 952 and 960, and for possessing the 28.4 kilograms of marijuana with the intent to distribute it, 18 U.S.C. § 841 (a)(1). We affirm.

Defendant first argues that his statements to Customs agents should have been suppressed at trial because Defendant did not expressly waive his Miranda rights. The Spanish-language form the agents used did not include the word “waiver.” Nevertheless, Defendant was advised orally of all his Miranda rights and provided with a form explaining those rights in Spanish. Defendant initialed each advisement and answered “yes” when asked, “Are you willing to answer some questions?” The district court did not err in finding that Defendant’s waiver was knowing and voluntary in the circumstances. See United States v. Cazares, 121 F.3d 1241, 1244 (9th Cir.1997) (noting that a waiver of Miranda rights requires neither a waiver form nor an explicit question regarding waiver).

Defendant also argues that his importation conviction cannot be sustained because he was never free from official restraint while in the…