Grace

United States v. Grace

Good Law
198 F. App'x 647
United States Court of Appeals for the Ninth CircuitAugust 24, 2006No. 05-30411California733 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant John A. Grace was convicted by a jury for distribution of five grams or more of cocaine base, in violation of 21 U.S.C. § 841 , and assault on a federal officer, in violation of 18 U.S.C. § 111 . The district court sentenced Grace to a 120-month term of imprisonment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm Grace’s conviction and sentence.

1. The District Court Properly Denied Grace’s Suppression Motion

The district court did not err when it denied Grace’s motion to suppress. Regarding Grace’s first claim, his words would not have communicated to a reasonable police officer that Grace was requesting an attorney. Davis v. United States, 512 U.S. 452, 459 , 114 S.Ct. 2350 , 129 L.Ed.2d 362 (1994). Grace next asserts that the waiver of his rights was not voluntary or intelligent. We find no evidence in the record to suggest that Grace’s waiver was involuntary. See United States v. Martin, 781 F.2d 671, 674 (9th Cir.1985). His waiver was “made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it.” Moran v. Bur *649 bine, 475 U.S. 412, 421 , 106 S.Ct. 1135, 89 L.Ed.2d…

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