United States v. Pemba Rita Sherpa, Cross-Appellee

99 F.3d 1148 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Pemba Rita SHERPA, Defendant-Appellant, Cross-Appellee. No. 95-50007, 95-50054. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 7, 1996. Decided Oct. 08, 1996. 1 Before: WALLACE and T.G. NELSON, Circuit Judges, and BROWNING, * District Judge. 2 MEMORANDUM ** 3 Pemba Rita Sherpa, a native and citizen of Nepal, appeals the district court's denial of his motions to suppress post-arrest statements, to admit expert testimony, and to declare a mistrial based on alleged prosecutorial misconduct in his jury trial for possession of heroin with intent to distribute and importation of heroin in violation of 21 U.S.C. §§ 841 (a)(1) and 952(a). We affirm the conviction. 1 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…