Basham
United States v. Basham
Opinion
Lead Opinion
MEMORANDUM **
James Basham entered a conditional plea of guilty to being a felon in possession *294 of a firearm in violation of 18 U.S.C. §§ 922 (g)(1), 924(a)(2). As part of the plea, he reserved the right to challenge the district court’s denial of his motion to suppress statements and evidence. Basham contends that his statements acknowledging possession of the handgun were obtained involuntarily and that he did not give consent to search his vehicle. We affirm.
Basham’s statement to Detective Kelley acknowledging that he had taken the gun from his apartment and placed it in the vehicle was voluntarily made. We review the voluntariness of a confession de novo. United States v. Gamez, 301 F.3d 1138, 1144 (9th Cir.2002). Statements are involuntarily made where they are obtained by “physical or psychological coercion or by improper inducement so that the suspect’s will was overborne.” Amaya-Ruiz v. Stewart, 121 F.3d 486, 494 (9th Cir.1997). The totality of the circumstances is evaluated to assess the voluntariness of a confession. Schneckloth v. Bustamonte, 412 U.S. 218, 226 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973).