Gourley

MEMORANDUM *

Joseph Gourley (“Gourley”) pled guilty to possession of a firearm in furtherance of a drug trafficking crime, expressly reserving the right to appeal the district court’s denial of his motion to suppress. He challenges the lawfulness of the initial seizure of the vehicle in which the firearm was found and the subsequent search of this vehicle. We have jurisdiction under 28 U.S.C. § 1291 and we affirm the conviction.

Waiver

Gourley did not waive his appeal regarding the seizure of the vehicle by failing to challenge the seizure in the district court until his motion to reconsider. That motion gave the district court and the government the opportunity to address this issue fully. For the same reasons, even assuming the doctrine of waiver did apply to an argument initially raised in a timely motion to reconsider, we exercise our discretion to consider Gourley’s arguments here. See Self-Realization Fellowship Church v. Ananda Church of Self-Realization, 59 F.3d 902, 912 (9th Cir.1995).

Seizure of the vehicle

Gourley argues that the government did not meet its burden of justifying the warrantless seizure of the vehicle. The Fourth Amendment’s warrant requirement…