Vega

United States v. Vega

Good Law
55 F. App'x 478
United States Court of Appeals for the Ninth CircuitJanuary 30, 2003No. 02-10068; D.C. No. CR-01-00451-SMM-03California441 words

Opinion

Lead Opinion

MEMORANDUM *

Reynaldo Vega appeals his conviction and sentence for conspiracy to possess with intent to distribute marijuana in violation of 21 U.S.C. § 841 and 846. Vega contends that the waiver of his Miranda rights was not valid because he was not informed of the nature of the charges against him. The district court found that while it was not entirely clear whether the officer actually told Vega he was arrested on marijuana charges, the defendant’s criminal history made the nature of the offense apparent. We affirm.

The inquiry into the voluntariness of a confession is the same as the inquiry into the voluntariness of a waiver of Miranda rights. See Derrick v. Peterson, 924 F.2d 813, 820 (9th Cir.1990). We look to the totality of the circumstances to determine whether the statements were “the product of free and deliberate choice rather than coercion or improper inducement.” United States v. Doe, 155 F.3d 1070, 1074 (9th Cir.1998) (en banc). The record shows there was no coercion or inducement.

Additionally, three of the five statutory factors set out in 18 U.S.C. § 3501 (b) weigh in favor of finding the statements voluntary. Vega was interviewed within hours of his arrest.…

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