United States v. Murphy

MEMORANDUM **

Rex Murphy (“Murphy”) entered a conditional guilty plea to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g), and was sentenced to a term of 180 months’ imprisonment and five years’ supervised release. He appeals the district court’s prior rulings denying a motion to suppress evidence found during a search incident to his arrest and barring the presentation of a justification defense. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review a motion to suppress de novo and any factual findings made at the suppression hearing for clear error. United States v. Tank, 200 F.3d 627, 631 (9th Cir.2000). Whether police had probable cause to arrest is a mixed question of law and fact, which we also review de novo. United States v. Buckner, 179 F.3d 834, 837 (9th Cir.1999). Although a district court’s ruling on a motion in limine is generally reviewed only for an abuse of discretion, we review the decision de novo if an order precludes presentation of a *547 defense. United States v. Ross, 206 F.3d 896, 898-99 (9th Cir.2000).

The parties are familiar with the relevant facts; thus, we do not recite them here. Murphy contends…