Thomas

MEMORANDUM **

Defendant Robert Lee Thomas entered a conditional plea to being a Felon in Possession of a Firearm ( 18 U.S.C. § 922 (g)(1) and 924(a)(2)). He appeals the district court’s denial of his motion to suppress, claiming that his Miranda rights were violated.

Under the clearly erroneous standard, we give “special deference” to the district court’s credibility determinations when ruling on a motion to suppress. United States v. Nelson, 137 F.3d 1094, 1110 (9th Cir.1998). Following an evidentiary hearing on Thomas’ Motion to Suppress, the district court found that two of the three arresting officers credibly testified that Thomas was read his Miranda rights — the third officer did not remember one way or the other — and that the two defense witnesses were insufficiently credible to rebut the officers’ testimony. Under the deferential standard accorded the district court’s credibility determinations, we find that the district court did not err when it found that Thomas was read his Miranda rights.

Thomas also argues that, even if he was read his Miranda rights, he did not knowingly, voluntarily, and intelligently waive them. We decline to address this issue. Thomas’ motion…