United States v. Candelario Cano-Gomez

460 F. App'x 656

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 1, 2011
• Docket: 10-10506
• Status: Unpublished

Opinion

MEMORANDUM *

Candelario Cano-Gomez appeals the district court’s denial without first holding an evidentiary hearing of his motion to dismiss the indictment for illegal reentry following his 2004 deportation in violation of 8 U.S.C. § 1326(a). Cano-Gomez failed to “allege facts with sufficient definiteness, clarity, and specificity to enable the trial court to conclude that contested issues of fact exist[ed].” United States v. Howell, 231 F.3d 615, 620 (9th Cir.2000); see also United States v. Zone, 403 F.3d 1101, 1106 (9th Cir.2005) (affirming denial of motion to dismiss indictment without evidentiary hearing because defendant “ha[d] not presented any evidence [to support his allegation] of undue coercion” by federal authorities). Accordingly, the district court did not abuse its discretion in declining to hold an evidentiary hearing before dismissing Cano-Gomez’s motion to dismiss. See United States v. Schafer, 625 F.3d 629, 635 (9th Cir.2010) (denial of evidentiary hearing reviewed for abuse of discretion).

AFFIRMED.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.