United States v. Carlos Asprilla

FILED

NOT FOR PUBLICATION MAR 27 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 11-10258

Plaintiff - Appellee, D.C. No. 3:10-cr-00348-MHP-

v.

MEMORANDUM *

CARLOS ASPRILLA,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of California Marilyn H. Patel, Senior District Judge, Presiding

Argued and Submitted March 14, 2012 San Francisco, California

Before: CALLAHAN and BEA, Circuit Judges, and BENNETT, District Judge.**

Carlos Asprilla appeals the district court’s denial of his motion for

suppression of evidence and his subsequent conviction, after a bench trial, for

having violated 18 U.S.C. § 922(g)(1), which prohibits felons’ possession of

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Mark W. Bennett, District Judge for the U.S. District Court for Northern Iowa, sitting by designation. firearms. The parties are familiar with the facts underlying the…