United States v. Joy A-Guerrero

MEMORANDUM *

Joya-Guerrero appeals from his judgment and sentence for violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Joya-Guerrero first argues that he was entitled to an evidentiary hearing on the voluntariness of statements he made to a government agent. We review the district court’s denial of an evidentiary hearing on a motion to suppress for an abuse of discretion. United States v. Howell, 231 F.3d 615, 620 (9th Cir.2000) (motion to suppress confession). “An evidentiary hearing on a motion to suppress need be held 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.” Id. Because Joya-Guerrero’s declaration in support of the motion raises no contested issues of fact sufficient to require an evidentiary hearing, the district court did not abuse its discretion in refusing to hold the hearing.

Joya-Guerrero also objects to portions of Beers’s testimony admitted at trial on the basis that the testimony constituted hearsay. Because the statements were offered to explain why Joya-Guerrero’s signature was not on the…