Basham

United States v. Basham

Good Law
79 F. App'x 293
United States Court of Appeals for the Ninth CircuitOctober 23, 2003No. 02-10635California613 words

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).

Basham does not allege that he was subjected to any direct…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.