Held

MEMORANDUM **

The parties are familiar with the facts, and we do not repeat them here. We review de novo the district court’s denial of a suppression motion. United States v. Patayan Soriano, 361 F.3d 494, 502 (9th Cir.2004). The district court’s underlying factual findings are reviewed for clear error. Id. We affirm the conviction and remand for possible resentencing.

Even assuming that Held was “in custody” for Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), purposes, and was otherwise entitled to Miranda warnings, we hold that the questioning of Held was permissible under the public safety exception to the Miranda warning requirement. Under the public safety exception “Miranda warnings need not be given when ‘police officers ask questions reasonably prompted by a concern for the public safety.’ ” Allen v. Roe, 305 F.3d 1046, 1050 (9th Cir.2002) (quoting New York v. Quarles, 467 U.S. 649, 656 , 104 S.Ct. 2626 , 81 L.Ed.2d 550 (1984)). Contrary to Held’s contentions, the public safety exception is not limited to those situations where public spaces are involved. In United States v. Martinez, 406 F.3d 1160, 1162-63, 1165-66 (9th Cir.2005), we applied…