Unpublished Disposition, 881 F.2d 1084 (9th Cir. 1989)

MEMORANDUM^** 

Paula Renee Hale appeals her jury conviction of second degree murder. She contends that the district court erred in failing to suppress her statements allegedly obtained in violation of Miranda v. Arizona, 384 U.S. 436, 478-79 (1966), during the course of four interviews by military investigation agents. We affirm.

Miranda warnings were not given during the first three interviews. The district court found that appellant had not been subjected to custodial interrogation during those interviews and concluded that Miranda warnings were not required. The record provides support for the court's findings that appellant was not in custody during those interviews and that a reasonable person under the circumstances would not have concluded that she was not free to leave. The interviews were of short duration. Appellant's presence was voluntary and she voluntarily submitted to questioning.

Prior to the fourth interview, appellant was advised of her Miranda rights both orally and in writing. She orally responded, stating that she understood her rights, did not want an attorney, and would make a statement. She then signed a waiver form and submitted to questioning. At no time did she request an attorney's presence or state that she wished to terminate the interview. The court's finding that she had voluntarily and intelligently waived her rights is not clearly erroneous.

JUDGMENT AFFIRMED.