United States v. Jonathan Rushing

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 7 2022

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 20-30020 Plaintiff-Appellee, D.C. No. 2:18-cr-00016-TSZ-4 v.

MEMORANDUM*

JONATHAN RUSHING,

Defendant-Appellant.

Appeal from the United States District Court for the Western District of Washington Thomas S. Zilly, District Judge, Presiding Argued and Submitted June 10, 2021 Seattle, Washington

Before: W. FLETCHER, WATFORD, and COLLINS, Circuit Judges.

Jonathan Rushing appeals the denial of his pretrial motions to suppress

evidence and his ensuing conviction, after a jury trial, on drug-trafficking and

firearms charges. We affirm.

1. At the time Seattle Police Department (“SPD”) Officers Cole Nelson and

David Toner approached Rushing outside a bar in Seattle after 11:00 P.M. on

November 8, 2017, they had reasonable suspicion to believe that he was Nicholas

Pines, for whom there was an outstanding arrest warrant. The officers therefore

* This disposition is not appropriate for publication and is not…