United States v. Cardenas

JERRY E. SMITH, Circuit Judge:

In this case, we are asked to review the decision of the district judge in proceedings regarding the prosecution of alleged participants in an alien smuggling conspiracy. The judge ordered the suppression of one of two statements made by the defendant, Erica Cardenas, after her arrest.

The court suppressed the statement despite the uncontradicted evidence that Cardenas repeatedly, voluntarily, and unambiguously had waived her Miranda rights. 1 There is little evidence of coercive police conduct, and to the extent that the district judge found that such conduct…