Velarde-Lopez

MEMORANDUM **

Bernardo Velarde-Lopez appeals his conviction for conspiracy to possess with intent to distribute marijuana, possession with intent to distribute marijuana, in violation of 21 U.S.C. §§ 846 , 841(a)(1); possession of a firearm during a drug trafficking crime in which murder results, in violation of 18 U.S.C. §§ 924 (c)(1), 924(j)(l); first degree murder of a law enforcement agent while engaged in his official duties, in violation of 18 U.S.C. §§ 1111 , 1114; and the intentional killing of a federal officer engaged in his official duties during the commission and in furtherance of a felony drug crime, in violation of 21 U.S.C. § 848 (e)(1)(B). These charges arose from Velarde-Lopez’s participation in the shooting of a federal officer while smuggling marijuana into the United States. Appellant challenges his conviction on four different grounds. This court has jurisdiction pursuant to 28 U.S.C. § 1291 .

Velarde-Lopez first argues that his confession was not voluntary, rather it was a product of coercion applied against him by the Mexican police, and therefore should not have been admitted at trial. He then alleges that his post-arrest statements were made in…