Gomez

MEMORANDUM **

Jose Adalberto Gomez conditionally pleaded guilty to importation of marijuana, *86 in violation of 21 U.S.C. §§ 952 , 960. Gomez appeals the denial of his motion to suppress statements made at the time of his arrest, the district court’s failure to find the government committed a discovery violation, and the denial of his motion to dismiss the indictment on constitutional grounds. We affirm.

I.

Gomez knowingly, voluntarily and intelligently waived his rights under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). See United States v. Vallejo, 237 F.3d 1008, 1014 (9th Cir.), as amended, 246 F.3d 1150 (9th Cir. 2001).

Before any interrogation, the agents read Gomez his rights in Spanish, his preferred language. He wrote “yes” in Spanish on the pre-printed, Spanish language Miranda advisal form after each of his rights. He wrote “yes” in Spanish next to the questions asking him if he understood and was willing to answer questions, and he signed his name at the bottom of the form. A more explicit statement of waiver is not required. North Carolina v. Butler, 441 U.S. 369, 373 , 99 S.Ct. 1755 , 60 L.Ed.2d 286 (1979) (“holding that an express…