United States v. Mario Zapata

FILED

NOT FOR PUBLICATION FEB 06 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 12-50148

Plaintiff - Appellee, D.C. No. 3:11-cr-02076-JAH-

v.

MEMORANDUM*

MARIO SILVA ZAPATA,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California John A. Houston, District Judge, Presiding

Argued and Submitted December 4, 2012 Pasadena, California

Before: WARDLAW, BEA, and N.R. SMITH, Circuit Judges.

Mario Silva Zapata entered a conditional guilty plea agreement to the crime

of importing approximately 66.06 kilograms of marijuana into the United States, in

violation of 21 U.S.C. §§ 952 and 960. As part of the plea, he reserved his right to

appeal the district court’s denial of his motion to suppress inculpatory statements.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. He now appeals that denial. We have jurisdiction pursuant to 28 U.S.C. § 1291.

We review the adequacy of a Miranda…