United States v. Alvarado-Palacio, No. 17-51030 (5th Cir. 2020)Annotate this Case
The Fifth Circuit affirmed the district court's denial of defendant's motion to suppress his statements and confession. Defendant was convicted of possessing with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The court held that, under the totality of the circumstances, the district court did not clearly err by determining that defendant knowingly waived his Miranda rights. In this case, defendant initially affirmed that he understood his right to an attorney prior to or during interrogation, there was a video of him signing the Spanish translated waiver, he had a second affirmation stating that he understood his rights, and he had an agreement to speak with the agents.