Araza

United States v. Araza

Good Law
259 F. App'x 976
United States Court of Appeals for the Ninth CircuitDecember 18, 2007No. 06-50563California886 words

Opinion

Lead Opinion

MEMORANDUM **

Eduardo Araza appeals from his jury-trial conviction for importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960, and possession of marijuana with in *977 tent to distribute, in violation of 21 U.S.C. § 841 (a)(1). He also appeals from the 42-month sentence imposed following his conviction. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm Araza’s conviction.

Araza seeks reversal of his conviction on the grounds that the district court erroneously denied his motion to suppress his confession and allowed the prosecutor to violate Federal Rule of Evidence 404(a) in rebuttal argument.

We review de novo the voluntariness of a confession. United States v. Gamez, 301 F.3d 1138, 1144 (9th Cir. 2002). The record fails to support Araza’s position that the agents coerced him into involuntarily confessing through their treatment of his fifteen-year old son. The district court found no evidence that Araza’s son was treated inappropriately. The court also found that Araza inculpated himself before discussing his son with the agents. Cf. United States v. Tingle, 658 F.2d 1332, 1336 (9th Cir.1981). Araza fails to identify coercive law enforcement…

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