United States v. Ahmad Zia Helmandi

977 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ahmad Zia HELMANDI, Defendant-Appellant. No. 91-50424. United States Court of Appeals, Ninth Circuit. Submitted Sept. 17, 1992. * Decided Oct. 6, 1992. Before WIGGINS, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Helmandi appeals his conviction for importation of heroin in violation of 21 U.S.C. §§ 952 (a) and 960(a)(1), and possession of heroin with the intent to distribute in violation of 21 U.S.C. § 841 (a)(1). He argues that (a) the district court abused its discretion by failing to conduct an evidentiary hearing on his motion to suppress, and (b) there was insufficient evidence to support his conviction. We affirm. 3 I. The Evidentiary Hearing. 4 We review a decision not to hold an evidentiary hearing on a motion to suppress for abuse of discretion. United States v. Ayers, 924 F.2d 1468, 1481 (9th Cir.1991). 5 A defendant is…