U.S. v. Visger

988 F.2d 126 (9th Cir. 1993) UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey VISGER, Defendant-Appellant. No. 89-50353. United States Court of Appeals, Ninth Circuit March 1, 1993

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Decided March 3, 1993.

Appeal from the United States District Court for the Central District of California; No. CR-88-0557-KN, David V. Kenyon, District Judge, Presiding.

C.D.Cal.

AFFIRMED.

Before JAMES R. BROWNING, HUG and KOZINSKI, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or for the courts of this circuit except as provided by 9th Cir.R. 36-3.

Visger and the postal inspectors who interviewed him gave differing versions of what was said at the interview. In denying the motion to suppress Visger's statements, the district judge necessarily credited the testimony of the postal inspectors over that of Visger. See United States v. Coletta, 682 F.2d 820, 825 (9th Cir.1982). Based on the inspectors' version of the interview, denial of the motion to suppress was proper.

AFFIRMED