United States v. Robert Daniel Knezevich

70 F.3d 1281 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert Daniel KNEZEVICH, Defendant-Appellant. No. 94-30383. United States Court of Appeals, Ninth Circuit. Submitted Sept. 27, 1995. * Decided Nov. 29, 1995. Before: CHOY, SNEED, and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Robert Knezevich appeals his conviction by conditional guilty plea to being a felon in possession of a firearm, in violation of 18 U.S.C. Sec. 922 (g)(1). This court has jurisdiction pursuant to 28 U.S.C. Sec. 1291 . Issues Presented 3 1. Did the district court abuse its discretion by not conducting an evidentiary hearing on the suppression motion? 4 2. Did the district court err by concluding that the protective pat-down search was justified? Factual and Procedural Background 5 On December 24, 1992, Washington State Patrol Officer T.C. Metcalf stopped Knezevich for speeding at over ninety miles per hour. Knezevich was driving with a passenger,…