United States v. Jesus Martinez

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FILED

FOR THE NINTH CIRCUIT

MAY 3 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 22-50033

Plaintiff-Appellee, D.C. No. 5:21-cr-00057-JGB-1 v.

JESUS SANTIAGO MARTINEZ, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Central District of California Jesus G. Bernal, District Judge, Presiding

Argued and Submitted April 14, 2023 Pasadena, California

Before: W. FLETCHER, BERZON, and LEE, Circuit Judges.

Defendant Jesus Santiago Martinez pleaded guilty to violating 18 U.S.C. §

922(g)(1) and 18 U.S.C. § 931(a). Officers searched his person and vehicle

following a traffic stop. They found an AK-47 rifle, an XD-45 handgun, loaded

magazines, a red dot laser sight, and body armor. At trial, Martinez moved to

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. suppress the evidence as the fruit of an illegal search. After a hearing, the district

court orally denied the motion. The district court said it would issue a…