United States v. Erskine Atkins

1 F.3d 1247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Erskine ATKINS, Defendant-Appellant. No. 92-10420. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 14, 1993. Decided July 28, 1993. MEMORANDUM * Before REINHARDT, TROTT and RYMER, Circuit Judges. 1 Erskine Atkins appeals the district court's denial of his motion to reopen a pretrial suppression hearing. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 (1988), and we affirm in part, vacate in part, and remand for further proceedings. 2 After the close of the suppression hearing, but prior to trial, the government disclosed the existence of a videotape which contained a record of the events surrounding Atkins's interrogation in the Excalibur casino's security office. Atkins made a motion to reopen the suppression hearing because he contended (1) the videotape provided evidence showing the statements he made to casino personnel prior to…