Breton-Rodriguez

MEMORANDUM ***

The government appeals from the district court’s order granting Breton-Rodriguez’s motion to suppress statements that he made during a hospital interview conducted by border patrol agents. As the facts and the procedural posture of the case are known to both parties, we repeat them here only as necessary.

Breton-Rodriguez’s waiver of his Miranda rights is not rendered involuntary simply because he was receiving morphine and in considerable pain. See United States v. George, 987 F.2d 1428, 1430-31 (9th Cir.1993) (finding waiver voluntary where defendant was suffering from a drug overdose); United States v. Martin, 781 F.2d 671, 672-74 (9th Cir.1986) (finding statements voluntary where defendant was in pain and on medication). Nor is his waiver rendered involuntary simply because the agents conducted the interview shortly after he regained consciousness. As the Fourth Circuit has stated, “the mere fact that [agents] did not wait to interview [the suspect] does not amount to police overreaching.” United States v. Cristobal, 293 F.3d 134 , 141 n. 9 (4th Cir.2002). Breton-Rodriguez offers no evidence of government coercion, and we are satisfied that the government has…