Ambriz-Gonzalez

MEMORANDUM *

Lucio Ambriz-Gonzalez appeals his conviction and sentence for violation of 8 U.S.C. § 1326 , re-entry into the United States after deportation. We affirm Ambriz-Gonzalez’s conviction, reverse his sentence, and remand for re-sentencing.

Ambriz-Gonzalez argues that the district court committed two errors by failing to suppress his incriminating statement. First, he alleges that his waiver of Miranda rights was invalid because the Border Patrol provided Miranda warnings a mere three hours after a set of inconsistent administrative warnings and did not furnish a clarification. See United States v. San Juan-Cruz, 314 F.3d 384, 387-89 (9th Cir.2002); Miranda v. Arizona, 384 U.S. 436, 471-73 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). Second, Ambriz-Gonzalez argues that the district court improperly limited cross-examination and denied his right to confront a prosecution witness when it restricted defense counsel’s inquiry into the efficacy of a Border Patrol agent’s translation of the Miranda warnings from English into Spanish. See U.S. Const. amend. VI; United States v. James, 139 F.3d 709, 713 (9th Cir.1998) (defining a three-part test to determine whether the exclusion of…