United States v. David Campos

17 F.3d 396 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David CAMPOS, Defendant-Appellant. No. 88-5340. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 5, 1993. Submission Vacated Jan. 28, 1993. Resubmitted Nov. 10, 1993. Decided Dec. 10, 1993. Before: BROWNING, POOLE, and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 The district court did not abuse its discretion in declining to conduct a suppression hearing to determine whether Campos waived his Miranda rights prior to speaking with agent Cordova. 3 Campos did not move to suppress evidence of his confession prior to trial, as required by Fed.R.Crim.P. 12(b)(3). Failure to make such a motion pretrial "shall constitute waiver thereof." Fed.R.Crim.P. 12(f); United States v. Booker, 952 F.2d 247, 249 (9th Cir.1991). Moreover, Campos did not object when Cordova testified to his waiver of Miranda rights and confession. 4 Campos argues he objected as soon…