United States v. James Walter Newberry

8 F.3d 32 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. James Walter NEWBERRY Defendant-Appellant. No. 91-50339. United States Court of Appeals, Ninth Circuit. Memorandum Disposition March 8, 1993. Resubmitted June 15, 1993. Decided Oct. 12, 1993. Before: CANBY, BOOCHEVER, and NORRIS, Circuit Judges. 1 MEMORANDUM * 2 This appeal from the district court's denial of a motion to suppress evidence is before us following a remand hearing at which the district court re-adopted its initial factual findings regarding the discovery of a loaded .22 magnum semi-automatic pistol and several baggies of marijuana in a briefcase belonging to appellant James Newberry. 3 * The district court concluded at the initial suppression hearing that California Highway Patrol Officer Frederick Laurn revealed the gun by lifting a partition while Newberry was looking through the briefcase for identification. The court held that the officer's action…