United States v. Luis Raul Cervantes-Guerrero

19 F.3d 30 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Luis Raul CERVANTES-GUERRERO, Defendant-Appellant. No. 93-10006. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 7, 1994. Decided Feb. 28, 1994. Before: HUG, FARRIS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. I. MOTION TO SUPPRESS 3 The district court's denial of a motion to suppress evidence is reviewed de novo. United States v. Khan, 993 F.2d 1368, 1375 (9th Cir.1993). Determinations of the existence of probable cause are mixed questions of law and fact, subject to de novo review. See United States v. Hoyos, 892 F.2d 1387, 1392 (9th Cir.1989), cert. denied, 498 U.S. 825 (1990). 4 Where, as here, the facts are not in dispute, we review determinations by the district court that the defendant was or was not subject to custodial interrogation de novo. United States v. Lucas,…