United States v. Lonna Deanne Ross

Good Law
968 F.2d 1222·1992 WL 167987
United States Court of Appeals for the Ninth CircuitJuly 20, 199289-50224California463 words

Opinion

Opinion

968 F.2d 1222 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Lonna Deanne ROSS, Defendant-Appellant. No. 89-50224. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 4, 1991. Decided July 20, 1992. Before PREGERSON, CANBY and RYMER, Circuit Judges. REMAND ORDER 1 Federal Rule of Criminal Procedure 12(e) requires that "[w]here factual issues are involved in determining a motion, the court shall state its essential findings on the record." Fed.R.Crim.P. 12(e). Where a defendant appeals the district court's denial of a motion to suppress, remand to the district court is appropriate if there are no essential factual findings on which to base appellate review. United States v. Prieto-Villa, 910 F.2d 601, 610 (9th Cir.1990). 2 The legal issue in this case is whether the contraband discovered by the American Airlines personnel who searched Ross' luggage should be suppressed because the search did not comport…

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