United States v. Nathaniel Newhouse

MEMORANDUM

Defendant-appellant Nathaniel New-house (“Newhouse”) was convicted following a jury trial of possession with intent to distribute the prescription street drugs ox-ycodone, hydromorphone, and hydroco-done in violation of 21 U.S.C. § 841 (a)(1). On appeal, Newhouse challenges the district court’s denial of his motion to suppress evidence and his Batson motion. We have jurisdiction under 28 U.S.C. § 1291 and we AFFIRM.

We review the district court’s denial of Newhouse’s motion to suppress de novo. United States v. Forrester, 512 F.3d 500, 506 (9th Cir.2008). Newhouse argues that he was arrested when Drug Enforcement Agents (“DEA”) positioned their vehicles to block his vehicle from exiting the parking lot, and approached his vehicle with their weapons drawn while one agent stated “stop.” We agree. Newhouse’s freedom of movement was restricted entirely at the moment the agents approached his vehicle at gunpoint and subjected him to official orders. United States v. Strickler, 490 F.2d 378, 380 (9th Cir.1974).

The arrest did not violate New-house’s Fourth Amendment rights, however, because it was supported by probable cause. Newhouse was arrested following DEA agents’…