Orellana

United States v. Orellana

Good Law
236 F. App'x 281
United States Court of Appeals for the Ninth CircuitMay 31, 2007No. 06-30390California773 words

Opinion

Lead Opinion

MEMORANDUM *

Julio C. Orellana appeals the district court’s denial of his motion to suppress his confession, and his motion for judgment of acquittal under Federal Rule of Criminal Procedure 29 on the firearms conviction.

Orellana argues that his confession, although preceded by Miranda warnings, was nonetheless involuntary because he was “pushed up against the outside of his house while being arrested.” He also alleges that he became “very emotional when shown a picture of his family and was subjected to interrogation by multiple officers subsequent to becoming very emotional.” Neither of these grounds is sufficient to reverse the district court’s ruling that Orellana’s confession was voluntary.

Although “credible threat of physical violence” may amount to coercion, see Arizona v. Fulminante, 499 U.S. 279, 288 , 111 S.Ct. 1246 , 113 L.Ed.2d 302 (1991), Orellana does not allege that there was physical coercion or a threat of physical violence at any time during the interrogation. The record does not reflect that the officer exerted undue or excessive force in any way when he arrested Orellana.

Nothing in the record supports Orellana’s claim of psychological coercion. See…

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