Boggs

United States v. Boggs

Good Law
201 F. App'x 531
United States Court of Appeals for the Ninth CircuitSeptember 14, 2006No. 06-30056California725 words

Opinion

Lead Opinion

MEMORANDUM **

Boggs appeals his conviction on two counts of sexual abuse in violation of 18 U.S.C. § 2241 (a)(1), and the 290-month sentence imposed by the district court. 1 *533 We have jurisdiction under 28 U.S.C. § 1291 .

Boggs urges us to overturn his conviction because the government did not electronically record his inculpatory statements to an investigating agent. Boggs’s pre-trial motion to suppress, however, argued only that the statements should be excluded from evidence because he was in custody and because he was not informed that he had the right to remain silent under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). We need not resolve this issue on the merits because Boggs has not shown good cause for his failure to include this claim in his motion to suppress. See Fed. R.Crim. P. 12(e); United States v. Murillo, 288 F.3d 1126, 1135 (9th Cir.2002) (“It does not matter that Murillo made a pre-trial motion to suppress on other grounds, for ‘just as a failure to file a timely motion to suppress evidence constitutes a waiver, so too does a failure to raise a particular ground in support of a motion to suppress.’ ” (quoting United States v.…

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