Belvado

MEMORANDUM *

Rodney Belvado appeals his conviction for first degree murder of Homer Jess Stevens. We remand for consideration of whether Belvado’s confession was knowing.

A waiver of Miranda rights by a suspect in custody must be both knowing and voluntary. Benson v. Terhune, 304 F.3d 874, 882 (9th Cir.2002). The district court’s order denying Belvado’s motion to suppress his confession contains a detailed analysis of the voluntariness of Belvado’s confession. But the order did not make clear that the court considered whether Belvado’s confession was also knowing. Given Belvado’s mental retardation, there is a distinct question as to the knowingness of his confession. See United States v. Garibay, 143 F.3d 534, 537-38 (9th Cir.1998). We therefore remand to the district court to determine whether Johnson confessed “with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it.” See Moran v. Burbine, 475 U.S. 412, 421 , 106 S.Ct. 1135 , 89 L.Ed.2d 410 (1986).

We find no merit in Belvado’s other two challenges to his conviction. First, Belvado was able to present evidence from his mental health expert regarding how his…