Martinez-Ventura

United States v. Martinez-Ventura

Good Law
240 F. App'x 240
United States Court of Appeals for the Ninth CircuitSeptember 6, 2007No. 05-50786California465 words

Opinion

Lead Opinion

MEMORANDUM **

Raul Martinez-Ventura appeals his jury-trial conviction and 46-month sentence for *241 unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Martinez-Ventura argues that the district court erred when it denied his motion to suppress his post-arrest statements. He is mistaken. First, in light of the totality of the circumstances, we reject Martinez-Ventura’s contention that his arrest was illegal. The record reflects that his wife validly consented to the search of the Martinez-Ventura dwelling. See United States v. Rodríguez-Preciado, 399 F.3d 1118, 1126 (9th Cir.2005). Second, Martinez-Ventura’s contention that the district court erred when it concluded that he voluntarily waived his Miranda rights is without merit. Martinez-Ventura failed to present any evidence that the challenged statements were involuntarily made or coerced.

Martinez-Ventura also claims that the district court erred when it imposed a 16-level upward adjustment to his offense level pursuant to 8 U.S.C. § 1326 (b)(2). Specifically, Martinez-Ventura contends that the district court should not have relied on…

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