United States v. Jerri C. Lewis

The government appeals from the district court’s order suppressing a confession on motion of defendant Jerri C. Lewis (Lewis) in this bank robbery prosecution. We reverse.

The factual issues concerning the motion to suppress were submitted to the court in the declarations filed by each party. The district court stated at the hearing on the motion to suppress that it would resolve all controverted facts in favor of the government for purposes of its ruling. The district court concluded “[j]ust on the basis of the facts as put forward in the government’s memorandum and affidavit, that the first statement was not knowing and voluntary.” The court also stated that it had reviewed the facts “in the light most favorable to the government.” Ordinarily, we review conflicting evidence in the light most favorable to the prevailing party in the district court. Here, however, the district court stated it was “discounting” the defendant’s claims about what was said to her by the agents and was “just going on the basis of what is in the agent’s papers.” Our task then is to determine whether the district court’s oral findings are supported by the evidence presented in the declaration submitted…