Sinclair
United States v. Sinclair
Opinion
Lead Opinion
*583 MEMORANDUM *
Defendant-Appellant Lloyd George Sinclair appeals several of the district court’s pretrial and trial rulings and his sentences. The parties are familiar with the facts of the case. We do not recite them in detail in this disposition.
Sinclair first argues that the district court erred in denying his motion to suppress Sinclair’s custodial statements to the police. The district court correctly found that the government had established that Sinclair was provided and understood his Miranda rights. The evidence also supports the district court’s conclusion that Sinclair voluntarily, knowingly and intelligently waived his Fifth and Sixth Amendment rights. We give special deference to the district court’s decision to discredit Sinclair’s testimony about abuse by his arresting officers. See United States v. Nelson, 137 F.3d 1094, 1110 (9th Cir.1998). The district court properly concluded that the totality of the circumstances surrounding Sinclair’s custodial statements did not require suppression.
Sinclair also argues that his trial was tainted by prosecutorial misconduct. The government did not affirmatively solicit any false statements on direct examination of its…