Martinez

United States v. Martinez

Good Law
239 F. App'x 355
United States Court of Appeals for the Ninth CircuitAugust 20, 2007No. 06-10508California581 words

Opinion

Lead Opinion

MEMORANDUM **

Douglas Omar Marinez, a citizen of El Salvador, appeals his jury conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 . He contends that the district court erred in admitting incul *356 patory statements he made regarding his citizenship to a border patrol agent because such statements were obtained in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). The facts and procedural history are known to the parties and we repeat them here only as necessary.

I

Even assuming that the district court erred under our precedents in refusing to suppress Martinez’s statements to Border Patrol Agent Schagel, see United States v. Gonzalez-Sandoval, 894 F.2d 1043 (9th Cir.1990); United States v. Equihua-Juarez, 851 F.2d 1222 (9th Cir.1988), any Miranda error was harmless beyond a reasonable doubt. United States v. Khan, 993 F.2d 1368, 1376 (9th Cir.1993) (declining to decide Miranda issue because any error was harmless). To find an error of constitutional dimension harmless is “to find that error unimportant in relation to everything else the jury considered on the issue in question, as revealed in the record.” Id.…

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