U.S. v. HERNANDEZ-ACUNA

No. 06-10173.

498 F.3d 942 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar Armando HERNANDEZ-ACUNA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2007.


Attorney(s) appearing for the Case

Raul A. Miranda, Tucson, AZ, for defendant-appellant Oscar Armando Hernandez-Acuna.

George Ferko, Assistant United States Attorney, Christina M. Cabanillas, Appellate Chief, and Paul K. Charlton, United States Attorney, Tucson, AZ, for appellee the United States.

Before: DAVID R. THOMPSON, PAMELA ANN RYMER, and RAYMOND C. FISHER, Circuit Judges.


RYMER, Circuit Judge:

Oscar Hernandez-Acuna appeals his conviction and sentence for conspiracy and possession of marijuana with the intent to distribute. The issue is whether the district court's rejection of the magistrate judge's recommendation to suppress evidence without conducting its own evidentiary hearing violated due process. In this case, even if the court should have held a de novo hearing, the same witnesses who testified before the magistrate judge at...

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