Unpublished Disposition, 900 F.2d 263 (9th Cir. 1990)
Annotate this CaseUNITED STATES of America, Plaintiff-Appellee,v.Wilhelm L. WAGNER, aka "Willy" Defendant-Appellant.
No. 89-10200.
United States Court of Appeals, Ninth Circuit.
Augued and Submitted April 12, 1990.Decided April 19, 1990.
Before FARRIS, PREGERSON and RYMER, Circuit Judges.
MEMORANDUM*
The appeal questions the legal conclusions reached from a review of undisputed facts. Wagner argues that his pre-Miranda statements were coerced in violation of the fifth amendment and tainted his consent to search, making the search unconstitutional in violation of the fourth amendment. We understand but reject the argument. Upon this record, the district court properly found that Wagner's consent was voluntary. See United States v. Lemon, 550 F.2d 467 (9th Cir. 1977), citing United States v. Watson, 423 U.S. 411, 424-25 (1976). The totality of the circumstances determines that the consent was voluntary. See Schneckloth v. Bustamonte, 412 U.S. 218, 227 (1973). Nothing in the record supports Wagner's argument that his consent was other than entirely voluntary.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Circuit Rule 36-3
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