U.S. v. Olivas Bailon

In prosecution on charge of “alien unlawfully in U.S. in possession of firearm” in violation of 18 USC section 922(g)(5), Dist. Ct. did not err in denying defendant’s motion to suppress statements concerning charged offense given to DEA agents, even though defendant argued that his waiver of his Miranda rights was involuntary due to his limited English speaking skills and his limited education. Record showed that prior to eliciting statements from defendant, DEA agents, one of whom spoke Spanish and translated for defendant, gave defendant “Advice of Rights” form written in Spanish and containing all Miranda rights; and (2) defendant initialed each of his rights, read them aloud and signed area of form indicating that he was waiving his rights. Ct. of Appeals further noted that agents communicated with defendant in Spanish and did not use force or threats to coerce him to sign waiver. Fact that defendant did not know subject matter of interrogation prior to signing waiver or that he had previously given statements to different DEA agent at different setting that were suppressed did not render instant waiver involuntary.