United States v. Richard Bernal

MEMORANDUM

Appellant Richard Bernal appeals from a judgment of conviction, after a jury trial, of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1) and § 924(a)(2). He contends that the district court erred by denying his motion to suppress the gun the police found near him after he was seized, as well as the inculpa-tory statements he made about the gun. Bernal also contends that the district court erred by denying his motion for reconsideration and his motion for a new trial in light of new evidence casting doubt on the arresting officer’s credibility.

We review de novo the district court’s denial of Bernal’s suppression motion. United States v. Burkett, 612 F.3d 1103, 1106 (9th Cir.2010). We review for abuse of discretion the district court’s denial of his motions for reconsideration and for a new trial. United States v. Buffington, 815 F.2d 1292, 1298 (9th Cir.1987); United States v. King, 660 F.3d 1071, 1076 (9th Cir.2011). For the reasons set forth below, we affirm.

The district court properly denied Ber-nal’s motion to suppress, because the police officer had reasonable suspicion that Bernal’s vehicle was involved in a hit-and-run accident…