United States v. Mario Zapata

ORDER

The memorandum disposition filed on February 6, 2013, is hereby amended. An amended memorandum disposition is filed concurrently with this order.

With these amendments, the panel has unanimously voted to deny Appellant’s petition for panel rehearing. Accordingly, Appellant’s petition for panel rehearing is DENIED. No further petitions for en banc or panel rehearing shall be permitted.

AMENDED MEMORANDUM

Mario Silva Zapata entered a conditional guilty plea agreement to the crime of importing approximately 66.06 kilograms of marijuana into the United States, in violation of 21 U.S.C. §§ 952 and 960. As part of the plea, he reserved his right to appeal the district court’s denial of his motion to suppress inculpatory statements. He now appeals that denial. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the adequacy of a Miranda warning de novo. See United States v. San Juan-Cruz, 314 F.3d 384, 387 (9th Cir.2002). We also review de novo whether a defendant’s statement was voluntary. See United States v. Harrison, 34 F.3d 886, 890 (9th Cir.1994).

The district court did not err by denying the motion to suppress Zapata’s confession. Miranda requires that, prior…