Garcia-Hernandez

dissenting.

I respectfully disagree with the majority’s conclusion that Garcia-Hernandez knowingly and voluntarily waived his Miranda rights. In United States v. San Juan-Cruz, 314 F.3d 384 (9th Cir.2002), we held that a Miranda warning following an administrative warning was inadequate. We noted that “[w]hen one is told clearly that he or she does not have the right to a lawyer free of cost and then subsequently advised, ‘if you can’t afford a lawyer, one will be appointed for you,’ it is confusing.” Id. at 388 . Therefore, we held that “[r]equiring someone to sort out such confusion is an unfair burden to impose on an individual already placed in a position that is inherently stressful.” Id.

Here, Garcia-Hernandez was given his administrative rights at least twice before being Mirandized. Further, he had been fingerprinted and his criminal record had already come into the Border Patrol Station. Garcia-Hernandez was subjected to successive questioning on the same issues-at the car by the side of the road, at the border patrol station prior to the Miranda warning, and after the Miranda warning. We held in San Juan-Cruz that “[w]hen a warning, not consistent with Miranda, is…

MEMORANDUM **

Jose Garcia-Hernandez appeals his conviction and sentence for being a deported alien found in the United States, in viola *654 tion of 8 U.S.C. § 1326 . We affirm. Because the parties are familiar with the factual and procedural history of the case, we will not recount it here.

Garcia-Hernandez argues that the district court erred in not suppressing his post -Miranda statements. He argues that his Miranda waiver was ineffective because his Miranda rights were read to him in the middle of the interrogation, and therefore his post-Miranda statements should have been suppressed. See Missouri v. Seibert, 542 U.S. 600 , 124 S.Ct. 2601 , 159 L.Ed.2d 643 (2004) (plurality opinion); United States v. Williams, 435 F.3d 1148 (9th Cir.2006).

Garcia-Hernandez was read his administrative rights when he was apprehended. He was then advised that his case would proceed as a criminal matter, not an administrative one, and was read his Miranda rights. He then knowingly and voluntarily waived his Miranda rights. Any error committed by the Border Patrol Agents was harmless, and any taint was dissipated because Garcia-Hernandez was fully informed of his rights and made a knowing and…