Sanchez

United States v. Sanchez

Good Law
337 F. App'x 641
United States Court of Appeals for the Ninth CircuitJune 19, 2009No. 08-30338California439 words

Opinion

Lead Opinion

MEMORANDUM **

Rosalio Sanchez (“Sanchez”) was convicted of distributing methamphetamine in violation of 21 U.S.C. § 841 (a)(1). On appeal, he contends the district court erred in denying his motion to suppress, as well as his request for an evidentiary hearing on that motion. Because the parties are familiar with the facts, we will not recount them here. We affirm the district court’s decision.

We review for an abuse of discretion a district court’s refusal to hold an evidentiary hearing on a motion to suppress. United States v. Quoc Viet Hoang, 486 F.3d 1156, 1163 (9th Cir.2007). We review de novo a district court’s denial of a motion to suppress. United States v. Mayer, 560 F.3d 948, 956 (9th Cir.2009). We apply the same standard of review to determine whether a search was lawful. United States v. Jennings, 515 F.3d 980, 985 (9th Cir.2008).

An evidentiary hearing is required “only when 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). Sanchez failed to identify any “significant disputed factual issue” in his…

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