Gutierrez-Arce
United States v. Gutierrez-Arce
Opinion
Lead Opinion
MEMORANDUM **
Juan Gutierrez-Arce (“Gutierrez”) appeals the district court’s denial of his motion to suppress statements he made following a warrantless arrest. He makes two primary arguments: (1) the district court violated Federal Rule of Criminal Procedure 12(d) by failing to make factual findings; and (2) his warrantless arrest was not supported by probable cause and therefore violated the Fourth Amendment. As the facts are familiar to the parties, we do not repeat them here. We affirm the district court’s ruling.
I.
We have previously found Rule 12(d) violated only when a district court has failed to make findings when faced with a conflicting record. See, e.g., United States v. Carbajal, 956 F.2d 924, 931 (9th Cir.1992); United States v. Prieto-Villa, 910 F.2d 601, 606-10 (9th Cir.1990); United States v. Castrillon, 716 F.2d 1279, 1282-84 (9th Cir.1983). In this case, none of the essential facts was in dispute. Although factual findings by the district court certainly would have been helpful given the sparse record, the district court did not violate Rule 12(d). Gutierrez’s request for a remand is, therefore, denied.
*145 n.