United States v. Martinez-Garduno
United States v. Martinez-Garduno
Opinion of the Court
MEMORANDUM
Jose Angel Martinez-Garduno appeals his conviction for violation of 8 U.S.C. § 1326. We affirm.
(2) Martinez also claims that his admissions should have been excluded because he was not given Miranda
Martinez also suggests that the agent was required to tell him that his admissions could be used to prosecute him for reentry after deportation. That, however, is not the law. See Colorado v. Spring, 479 U.S. 564, 577, 107 S.Ct. 851, 859, 93 L.Ed.2d 954 (1987); Moran v. Burbine, 475 U.S. 412, 422, 106 S.Ct. 1135, 1141, 89 L.Ed.2d 410 (1986); see also California v. Beheler, 463 U.S. 1121, 1125 n. 3, 103 S.Ct. 3517, 3520 n. 3, 77 L.Ed.2d 1275 (1983).
AFFIRMED.
This disposition is not appropriate for publica
. Martinez also grumbles that he was not given proper notice that an expert would testify as to the fingerprint comparison. However, he does not actually argue the issue on appeal and has, therefore, waived it. See Wilkins v. United States, 279 F.3d 782, 786 (9th Cir. 2002). At any rate, the district court offered to accommodate him by giving him an opportunity to obtain and present his own expert or other evidence; he didn’t.
. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Jose Angel MARTINEZ-GARDUNO, aka Hector Garcia-Jimenez, Defendant—Appellant
- Cited By
- 1 case
- Status
- Published