United States v. Mohammad Arafati

69 F.3d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mohammad ARAFATI, Defendant-Appellant. No. 94-50619. United States Court of Appeals, Ninth Circuit. Submitted Sept. 14, 1995. * Decided Nov. 1, 1995. 1 Before: Judges Browning and Pregerson, Circuit Judges, and Tanner, ** District Judge. 2 MEMORANDUM *** INTRODUCTION 3 Mohammad Arafati appeals his jury conviction and sentencing for possession with intent to distribute opium and importation of opium in violation of 21 U.S.C. Secs. 841 (a)(1) and 952(a). Jurisdiction is under 28 U.S.C. Sec. 1291 , and we AFFIRM. STANDARD OF REVIEW 4 A district court's factual findings are reviewed for clear error. United States v. Willard, 919 F.2d 606, 608 (9th Cir.), cert. denied, 112 S.Ct. 208 (1991). The question of voluntariness of statements is reviewed de novo. United States v. Guerrero, 847 F.2d 1363, 1365 (1988). The government must prove voluntariness by a preponderance of…