United States v. Jose Luis Rivera-Sillas

Jose Luis Rivera-Sillas appeals the district court’s denial of his motions to dismiss his underlying indictment. We hold that the district court correctly denied Rivera-Sillas’s motions, and we affirm.

I. FACTS AND PROCEDURAL HISTORY

Appellant Jose Luis Rivera-Sillas is a citizen of Mexico. On June 23, 2002, a border patrol agent apprehended Rivera-Sillas and several other people in the United States near' the Tecate Port of Entry. The border patrol agent identified himself to the group, and Rivera-Sillas and his companions admitted that they were citizens of Mexico and did not have legal documentation to be in the United States. The agent took Rivera-Sillas to the border patrol center for processing. There, the IDENT and AFIS fingerprint systems identified Rivera-Sillas as having been, removed from the United States to Mexico six times, the last time on November 30, 2000, via Nogales, Mexico.

The border patrol agent read Rivera-Sillas his Miranda rights, and Rivera-Sil-las agreed to speak to the agent without an attorney present. Rivera-Sillas then repeated that he was a citizen of Mexico and that he was in the United States without permission. When Rivera-Sillas realized that…