From Casetext: Smarter Legal Research

U.S. v. Visger

United States Court of Appeals, Ninth Circuit
Mar 1, 1993
988 F.2d 126 (9th Cir. 1993)

Summary

holding that a prisoner's claim that a prison official "seized his ring and gave it to another inmate without giving [him] an opportunity to contest the other inmate's claim to the ring" stated an arguable due process violation

Summary of this case from McCall v. Las Vegas Metro. Police Dep't

Opinion


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 (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)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


Summaries of

U.S. v. Visger

United States Court of Appeals, Ninth Circuit
Mar 1, 1993
988 F.2d 126 (9th Cir. 1993)

holding that a prisoner's claim that a prison official "seized his ring and gave it to another inmate without giving [him] an opportunity to contest the other inmate's claim to the ring" stated an arguable due process violation

Summary of this case from McCall v. Las Vegas Metro. Police Dep't

finding the government entitled to summary judgment as the taxpayer's evidence did not amount to duress as that term has been defined in this context

Summary of this case from Shasta Strategic Investment Fund, LLC v. United States
Case details for

U.S. v. Visger

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey VISGER…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 1, 1993

Citations

988 F.2d 126 (9th Cir. 1993)

Citing Cases

Shasta Strategic Investment Fund, LLC v. United States

Whether a taxpayer's consent to extend the statutory period was obtained under duress is a subjective,…

O'Brien v. Mitchell

The United States Court of Appeals for the Ninth Circuit has also held that inconsistent testimony “is not…