United States v. Bernard Glenn

ORDER

The memorandum disposition filed on August 4, 2011 is hereby withdrawn.

The petition for rehearing is DENIED. See Fed. R.App. P. 40.

MEMORANDUM

Bernard Glenn (“Glenn”) appeals the district court’s denial of his motion to suppress a firearm found on his person. Following the denial of his suppression motion, Glenn was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

We review de novo the denial of a motion to suppress, while reviewing for clear error the underlying factual findings. United States v. Davis, 530 F.3d 1069, 1077 (9th Cir.2008).

Following an evidentiary hearing, the district court articulated several bases for finding that the government had met its burden of showing the gun should not be suppressed. Each of those grounds was independently sufficient for the police to search Glenn, and for the court to deny the suppression motion.

In his opening brief, Glenn failed to address several of those grounds, in particular the district court’s finding that he was subject to a valid probationary search. “Generally, an issue is waived when the appellant…