United States of America v. Rodney Audie Belvado

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RODNEY AUDIE BELVADO,
Defendant - Appellant.
No. 08-10567
D.C. No. 2:05-CR-00014-EHC-1
MEMORANDUM *
Appeal from the United States District Court
for the District of Arizona
Earl H. Carroll, District Judge, Presiding
Argued and Submitted December 14, 2009
San Francisco, California
Before: W. FLETCHER, CLIFTON and IKUTA, Circuit Judges.
This is Belvado’s second appeal of his conviction for first degree murder.
On the first appeal, this court remanded for consideration of whether Belvado’s
pre-confession waiver of Miranda rights was knowing and intelligent. “For
inculpatory statements made by a defendant during custodial interrogation to be
FILED
DEC 21 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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admissible in evidence, the defendant's ‘waiver of Miranda rights must be
voluntary, knowing, and intelligent.’ ” United States v. Garibay, 143 F.3d 534, 536
(9th Cir. 1998) (quoting United States v. Binder, 769 F.2d 595, 599 (9th Cir.
1985)).
Upon remand, the district court found that Belvado’s waiver was knowing
and intelligent. We review that determination for clear error. Garibay, 143 F.3d at
536 (citing United States v. Cazares, 121 F.3d 1241, 1243 (9th Cir. 1997)). Under
the totality of the circumstances here and the case law of this circuit, the district
court’s conclusion was not clear error.
AFFIRMED.

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