Davison

United States v. Davison

Good Law
143 F. App'x 797
United States Court of Appeals for the Ninth CircuitAugust 10, 2005No. 04-10178California631 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Cedric Shawn Davison appeals his conviction and sentence. We affirm.

The district court properly denied Davison’s motion to suppress. Davison, no stranger to the criminal process, cf. United States v. Pinion, 800 F.2d 976, 981 (9th Cir.1986), voluntarily met with investigators and knowingly waived his rights under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). When Davison met with the officers, he was not arrested or otherwise placed in custody. Davison did not appear to be uncomfortable during the interview, cf. Pollard v. Galaza, 290 F.3d 1030, 1035 (9th Cir.2002), and he was not interviewed for an extended period, cf. United States v. Crawford, 372 F.3d 1048, 1061 (9th Cir.2004) (en banc). The investigators did not threaten Davison or his family or make promises of leniency. Cf. United States v. Guerrero, 847 F.2d 1363, 1366-67 (9th Cir.1988). Under the totality of the circumstances, the district court could have reasonably concluded that Davison’s statements were voluntary, see Crawford, 372 F.3d at 1061 , and could have reasonably rejected Davison’s testimony to the contrary, see United States v. Benitez, 34 F.3d 1489,…

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