Rodriguez-Hernandez

MEMORANDUM ***

Rodilet Rodriguez-Hernandez (“Rodriguez”) appeals his conviction, and the sentence imposed, for attempting to enter the United States after deportation, in violation of 8 U.S.C. § 1326 , and for fraud and misuse of entry documents, in violation of 18 U.S.C. § 1546 (a). We affirm.

1. Rodriguez contends that the district court abused its discretion in declining to conduct an evidentiary hearing on his motion to suppress. A defendant seeking an evidentiary hearing must “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). Where the defendant’s factual representations, “if proved, would allow the court to suppress the confession,” an evidentiary hearing must be conducted. Id. at 621 . Where the defendant fails to meet the Howell standard, however, the district court may deny the motion without a hearing.

In support of his claim that the Miranda warnings he was given were inadequate, Rodriguez submitted a declaration that stated:

This “boilerplate” and “conclusory” declaration was not sufficiently specific to create a…