951 F.2d 364 (9th Cir. 1991), 91-10187, U.S. v. Soto-Torres

Docket Nº:91-10187.
Citation:951 F.2d 364
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Francisco SOTO-TORRES, Defendant-Appellant.
Case Date:December 19, 1991
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
FREE EXCERPT

Page 364

951 F.2d 364 (9th Cir. 1991)

UNITED STATES of America, Plaintiff-Appellee,

v.

Francisco SOTO-TORRES, Defendant-Appellant.

No. 91-10187.

United States Court of Appeals, Ninth Circuit

December 19, 1991

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Argued and submitted Dec. 10, 1991.

On Appeal From the United States District Court for the District of Arizona, No. CR-90-421-TUC-RMB; Richard M. Bilby, District Judge, Presiding.

D.Ariz.

AFFIRMED.

Before WILLIAM A. NORRIS, BEEZER and LEAVY, Circuit Judges.

MEMORANDUM [*]

Francisco Soto-Torres appeals his conviction for possession with intent to distribute marijuana. Soto-Torres contends that the waiver of his Miranda rights and his guilty plea were involuntary. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

I

On October 14, 1990, Soto-Torres attempted to enter the United States from Mexico at the Douglas port of entry in Arizona. When Soto-Torres was diverted to secondary inspection, customs agents discovered 95 pounds of marijuana hidden in the side panels of his truck. Soto-Torres was subsequently taken into custody and advised of his Miranda rights. At that time, Soto-Torres executed a written waiver of his Miranda rights and agreed to make statements to customs agents without the assistance or presence of an attorney.

On November 7, 1990, Soto-Torres was indicted and charged with importation of marijuana in violation of 21 U.S.C. §§ 952(a), 960(a)(1) and 960(b)(4) and possession with intent to distribute marijuana in violation of 21 U.S.C.§§ 841(a)(1) and (b)(1)(D).

On January 10, 1991, after the district court denied a motion to suppress statements elicited at the time of his arrest, Soto-Torres pleaded guilty to possession with intent to distribute marijuana and was sentenced to 27 months imprisonment.

II

Soto-Torres first contends that the district court erred by failing to suppress statements elicited at the time of his arrest. Soto-Torres argues that the statements were obtained by customs agents through coercion and intimidation. Specifically, Soto-Torres contends that customs agents threatened to arrest his spouse and take custody of his children unless he confessed.

...

To continue reading

FREE SIGN UP