Soberanis

MEMORANDUM **

Mitchum Soberanis appeals an order denying his motion to suppress evidence relating to an investigative vehicle stop that resulted in his arrest and conviction for armed bank robbery. Soberanis argued in his motion that reasonable suspicion to stop his vehicle did not exist when the police pulled him over and that an evidentiary hearing should be held to resolve disputed issues of fact pertaining to the stop. The district court, acting on the recommendation of a magistrate judge, denied Soberanis’s motion without a hearing. Soberanis appeals both the denial of a hearing and the district court’s conclusion that reasonable suspicion justified the investigative stop.

We review the decision to deny an evidentiary hearing under an abuse of discretion standard. United States v. Howell, 231 F.3d 615, 620 (9th Cir.2000). We review de novo the legal question whether reasonable suspicion existed to justify the stop. United States v. Mariscal, 285 F.3d 1127, 1129 (9th Cir.2002).

Turning first to the issue of whether a hearing was necessary in this case, we find that Soberanis did not dispute the accuracy of the record before the district court nor provide any evidence…