United States v. James Talley

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 23 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-10019

Plaintiff-Appellee, D.C. No. 3:22-cr-00028-SI-

v.

MEMORANDUM*

JAMES EARL TALLEY,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of California Susan Illston, District Judge, Presiding

Argued and Submitted March 28, 2024 San Francisco, California

Before: PAEZ, NGUYEN, and BUMATAY, Circuit Judges. Dissent by Judge PAEZ, Circuit Judge.

James Talley appeals the district court’s order denying his motion to

suppress. Talley entered a conditional guilty plea to being a felon in possession of

a firearm under 18 U.S.C. § 922(g)(1), reserving the right to appeal the suppression

ruling. We have jurisdiction under 28 U.S.C § 1291. We review a district court’s

denial of a motion to suppress de novo, and any factual findings for clear error.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. United States…