Nez

MEMORANDUM **

Jayson Nez appeals his conviction for (1) First Degree Murder of Gene Tom in violation of 18 U.S.C. §§ 1153 , 1111 and 2; (2) Felony Murder of Gene Tom in violation of 18 U.S.C. §§ 1153 , 1111, 2111 and 2; (3) First Degree Murder of Steven Tom in violation of 18 U.S.C. §§ 1153 , 1111 and 2; (4) Felony Murder of Steven Tom, in violation of 18 U.S.C. §§ 1153 , 1111, 2111 and 2; (5) Robbery in violation of 18 U.S.C. §§ 1153 , 2111 and 2; and (6) Discharging a Firearm in a Crime of Violence in violation of 18 U.S.C. § 924 . Nez argues that his statements made to police at his parents’ house should have been suppressed, because he was “in custody” once he admitted to police that he was involved in the murder, but was not advised of his Miranda rights. We have jurisdiction pursuant to 28 U.S.C. § 1291 , review the district court’s denial of his motion to suppress de novo, see United States v. Hayden, 260 F.3d 1062, 1066 (9th Cir.2001), and affirm.

We conclude that Nez was not subjected to a custodial interrogation in light of the totality of the circumstances: Nez, who was twenty-two at the time, was questioned at his home with his father present for approximately 90…