Miguel

MEMORANDUM *

Miguel appeals from his conviction for Second Degree Murder, with a special jury finding that the murder was motivated in substantial part by the victim’s actual or perceived sexual orientation. He asserts that the district court erred by (i) finding his post-arrest statements to be voluntary; (ii) permitting the introduction of cumulative evidence; and (iii) permitting the introduction of allegedly prejudicial photographs of the victim’s corpse. In addition, he asserts that (iv) his counsel was ineffective. Because the relevant facts are known to the parties they are not repeated here.

I

The court reviews de novo the voluntariness of a criminal suspect’s statements to the police, United States v. Okafor, 285 F.3d 842, 846-47 (9th Cir.2002), and reviews a district court’s credibility determinations and findings of historical fact for clear error, United States v. Oba, 978 F.2d 1123, 1125 (9th Cir.1992), giving “special deference to the district court’s credibility determinations.” United States v. Nelson, 137 F.3d 1094, 1110 (9th Cir.1998). Having reviewed the pertinent testimony, we find no basis to disturb the district court’s findings that the defendant was…