Orozco-Rodriguez

MEMORANDUM **

Luis Orozco-Rodriguez appeals his conviction for importation of cocaine and possession of cocaine with intent to distribute. Orozco-Rodriguez argues: (1) the district court erred by denying his motion to suppress Customs Inspector Hill’s testimony because it relayed the result of a custodial interrogation conducted before Orozco-Rodriguez was informed of his Miranda rights; (2) the district court erred by not granting Orozco-Rodriguez a safety valve downward departure; (3) the statutes under which Orozco-Rodriguez was convicted are unconstitutional after Apprendi v. New Jersey; and (4) the district court erred by not instructing the jury that it had to find that Orozco-Rodriguez knew the type and quantity of drug he possessed and imported. Because the parties are familiar with the facts of the ease, we do not repeat them here.

1. The Government initially argues that Orozco-Rodriguez waived this argument because he did not file a timely motion to suppress the evidence. Fed. R.CrimJP. 12(b)(8) (“The following [motions] must be raised before trial: ... a motion to suppress evidence.... ”). A court may, “in its discretion, grant relief from waiver for ‘cause shown.’ ”…