United States v. Manuel Ramirez-Garcia

ORDER AND OPINION

ORDER

The Memorandum disposition filed August 1, 2001, is redesignated as an authored Opinion by Judge Hill.

OPINION

Manuel Ramirez-Garcia was convicted of Reentry After Deportation in violation of 8 U.S.C. § 1326 (a). He raises several issues on appeal. For the following reasons, we affirm.

1. The Denial of the Motion to Suppress

A hearing is not required on a motion to suppress if the grounds for suppression consist solely of conclusory allegations of illegality. United States v. Wilson, 7 F.3d 828, 834 (9th Cir.1993). An evidentiary hearing must be held only when the moving papers allege facts which are sufficiently definite, clear, and specific to enable the trial court to conclude that contested issues of fact exist. United States v. Howell, 231 F.3d 615, 620 (9th Cir.2000), cert. denied, — U.S. —, 122 S.Ct. 76 , — L.Ed.2d — (2001).

There has been no such showing in this case. Defendant’s affidavit states only that he applied for a lease and that, because the management required a credit check, he authorized the management to review his credit history. Although he asserted that there was an exchange of faxes between the apartment management and the…