Gonzalez

MEMORANDUM **

Eddie Duran Gonzalez appeals the district court’s denial of his motion to suppress his statements based on the Fifth Amendment and seeks an Ameline limited remand of his 57-month sentence because it was imposed when the United States Sentencing Guidelines were thought to be mandatory. We have jurisdiction pursuant to 18 U.S.C. § 8742 and 28 U.S.C. § 1291 . We affirm the denial of the motion to suppress and dismiss Gonzalez’s appeal of his sentence.

Gonzalez argues that the district court erred in denying his motion to suppress his pre-arrest statements because it did not consider whether he knowingly and intelligently waived his Miranda rights when he initiated communication with the agents. However, the district court considered Gonzalez’s actions during the “entire pre-arrest interrogation” and found Gonzalez’s Miranda waiver to be knowing and intelligent. The Supreme Court has developed a two-part test to determine when agents can question suspects after they have invoked their right to have an attorney present. See Oregon v. Bradshaw, 462 U.S. 1039, 1043, 1045 , 103 S.Ct. 2830 , 77 L.Ed.2d 405 (1983). The suspect must (1) initiate further communication with the…