June

United States v. June

Good Law
312 F. App'x 990
United States Court of Appeals for the Ninth CircuitFebruary 25, 2009No. 08-10106California651 words

Opinion

Lead Opinion

MEMORANDUM **

Raymond June was convicted of two counts of aggravated sexual abuse of a minor. He was sentenced to 324 months in prison for each count, to be served concurrently. On appeal, June argues that the district court erred both in finding that June had never asked for a lawyer during his interrogation, and in finding that his confession was voluntary. Next, June argues that his sentence was unreasonable. We reject these contentions, and affirm both the conviction and the sentence imposed by the district court.

1. The Interrogation

June has two distinct arguments relating to his interrogation by FBI agents in August of 2006. First, he argues that the agents ignored his request for a lawyer. The interviewing FBI Agent, Special Agent Smylie, testified that June did not in fact request a lawyer. The district judge concluded that the agent was more credible, and specifically found that June did not in fact request a lawyer. This conclusion is buttressed by the fact that June signed a waiver of his Miranda rights that indicated his willingness to speak without a lawyer. The district judge’s factual conclusion is not clearly erroneous in light of the record. See United States…

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