Ramirez

United States v. Ramirez

Good Law
60 F. App'x 130
United States Court of Appeals for the Ninth CircuitMarch 10, 2003No. 00-50548; D.C. No. CR-98-00624-A-JSL-02California1,223 words

Opinion

Lead Opinion

MEMORANDUM **

Mario Antonio Ramirez appeals the district court’s entry of judgment of conviction, pursuant to his conditional guilty plea, for conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 846 and 841 and *131 for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 . We affirm. Because the parties are familiar with the factual and procedural histories of this case, we need not recount them here.

I

The district court did not abuse its discretion in denying Ramirez’s request for an evidentiary hearing on his motion to suppress. Evidentiary hearings on motions to suppress need be held only when the “moving papers allege[ ] facts with sufficient definiteness, clarity, and specificity to enable the trial court to conclude [either] that relief must be granted if the facts alleged are proved[,]” United States v. Carrion, 463 F.2d 704, 706 (9th Cir.1972) (citation omitted), or “that contested issues of fact exist.” United States v. Howell, 231 F.3d 615, 620 (9th Cir.2000) (citations omitted), cert. denied, 534 U.S. 831 , 122 S.Ct. 76 , 151 L.Ed.2d 40 (2001). Absent sufficiently definite and specific moving papers, a district court’s decision to…

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