United States v. John Lee Hoobler

15 F.3d 1092 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John Lee HOOBLER, Defendant-Appellant. No. 93-30025. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 3, 1994. Decided Jan. 28, 1994. Before: POOLE, TROTT and KING * , Circuit Judges. 1 MEMORANDUM ** 2 John Lee Hoobler appeals his conviction for possession of a firearm in violation of 26 U.S.C. Secs. 5861 and 5867, on grounds the district court erred in denying his motion to suppress statements and evidence seized from his van. Defendant also appeals his sentence, arguing the government did not carry its burden of proving his prior convictions and that he is not a "prohibited person," under U.S.S.G. Sec. 2K2.1. 3 * Search of Hoobler's Van A. Validity of Consent 4 A district court's determination whether a defendant voluntarily consented to a search depends on the totality of the circumstances and is a question of fact reviewed under the…