Hawkes

MEMORANDUM ***

John Leroy Hawkes, Jr., appeals the district court’s denial of his suppression motion on the ground that the court did not first hold an evidentiary hearing. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.

Hawkes’ motion to suppress does not raise any “contested issues of fact” that would require an evidentiary hearing. Therefore, the district court did not abuse its discretion by denying the motion to suppress without holding an evidentiary hearing. See United States v. Ramirez-Garcia, 269 F.3d 945, 947 (9th Cir.2001) (evidentiary hearings on motions to suppress are only required if the moving papers allege facts with sufficient definiteness, clarity, and specificity 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) (a district court’s decision not to hold an evidentiary hearing on a motion to suppress is reviewed for abuse of discretion).

Upon discovering the truck and snowmobile trailer on the roadway, the officers noticed through the windshield that the YIN number was missing from the truck’s dashboard. A check of the VIN numbers on the snowmobiles revealed…