Gonzalez-Gamez

MEMORANDUM ***

Gonzalez-Gamez was interrogated on February 22, 2007, after he attempted to enter the United States through the Calexico, California, port of entry in a vehicle containing 33.76 kilograms of marijuana. During the interrogation, Gonzalez-Gamez made inculpatory statements to agents, admitting that he attempted to smuggle marijuana into the United States for money.

After reviewing the DVD of the interrogation and a psychological report prepared at the request of defense counsel, the district court found that Gonzalez-Gamez made a knowing, intelligent, and voluntary waiver. Subsequently, Gonzalez-Gamez entered a conditional guilty plea to Count 1 of the indictment, reserving the right to appeal the denial of the motion to suppress. Count 2 was dismissed by the government. He was sentenced to three years probation.

We review de novo the district court’s decision to admit or suppress statements that may have been obtained in violation of Miranda. “Underlying factual findings, including a district court’s finding that a defendant knowingly and intelligently waived his Miranda rights, are reviewed for clear error.” United States v. Rodriguez-Rodriguez, 393 F.3d 849, 855…