Whitfield

United States v. Whitfield

Good Law
311 F. App'x 14
United States Court of Appeals for the Ninth CircuitJanuary 27, 2009No. 08-10143California470 words

Opinion

Lead Opinion

MEMORANDUM *

Marcus Whitfield appeals from a conviction by conditional guilty plea for being a felon in possession of a firearm and a felon in possession of ammunition, both in violation of 18 U.S.C. § 922 (g)(1). Whitfield appeals the district court’s denial of his motion to suppress a loaded firearm seized pursuant to a warrantless probationary search. Whitfield argues police officers did not have probable cause to believe that he resided at 1855 Sunnydale Avenue — the residence in which they found the loaded firearm — and that consequently, the gun and ammunition discovered in the warrant-less search should be suppressed. Whitfield further asserts that the district court’s failure to hold an evidentiary hearing complicates the resolution of his appeal and that he asked the district court to hold an evidentiary hearing should disputed facts become relevant to the resolution of his claim. We review de novo the district court’s denial of the suppression motion. United States v. Crawford, 372 F.3d 1048, 1053 (9th Cir.2004) (en banc). Where no findings of fact were made by the district court, “this court will uphold the denial of the motion to suppress if there is a reasonable view…

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