United States v. Floyd Smith

48 F.3d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Floyd SMITH, Defendant-Appellant. No. 94-30289. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 23, 1995. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Floyd Smith appeals his conviction for being a felon in possession of a firearm. Smith argues that the district court erred by denying his motion to suppress without holding an evidentiary hearing. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 Prior to trial, Smith moved to suppress statements obtained following his arrest on the ground that the police had not advised him of his Miranda rights before questioning him and he did not waive his rights. The motion identified the objectionable questions. Smith pointed to the Advisement of Rights form submitted in discovery, which contained the phrase "Handcuffed-Acknowledged" in the space for…