United States v. Bell

MEMORANDUM **

Shawn Laray Bell appeals his jury conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1) and his resulting 110-month sentence. On appeal, Bell argues that the district court erred by: (1) denying his motion to suppress evidence of the Clerke revolver found during the search of the trunk of the car he was driving; (2) denying his motion to suppress certain post-arrest statements he made at the police station; (3) denying his motion in limine that would have excluded evidence of Bell’s marijuana use and possession, his gang ties, and the Clerke revolver; and (4) denying his motion for a mistrial stemming from statements made by the prosecutor during closing argument. Bell also claims cumulative error and that the sentence imposed by the district court was unreasonable. We affirm.

First, the district court did not err in denying Bell’s motion to suppress evidence of the Clerke revolver as fruit of an illegal search. The record supports the district court’s conclusion that Bell voluntarily consented to the search. See United States v. Rodriguez-Preciado, 399 F.3d 1118, 1126 (9th Cir.2005). Furthermore, Officer Derek Cook had…