Chavez-Cota

MEMORANDUM **

Ernesto Chavez-Cota appeals his jury trial conviction for importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960, and possession with the intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Chavez-Cota contends that the district court erred by admitting the statements he made to Agent Scharf into evidence because the Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966) warnings were inadequate. We review de novo the adequacy of a Miranda warning, *655 but review for clear error any factual findings. United States v. Lares-Valdez, 939 F.2d 688, 689 (9th Cir.1991) (per curiam). Based on our review of the record, we conclude that the district court’s finding was not erroneous.

Chavez-Cota next argues that the district court erred by finding that he voluntarily, knowingly and intelligently waived his Miranda rights. We review for clear error a finding that a waiver was knowing and intelligent, but review de novo a finding that the waiver was voluntary. United States v. Bautista-Avila, 6 F.3d 1360, 1364 (9th Cir.1993). Based on our review of the…