United States of America, Plaintiff-appellee, v. Alonzo Terrance White, Defendant-appellant, 37 F.3d 1507 (9th Cir. 1994)

MEMORANDUM^** 

Alonzo Terrance White appeals his conviction, which followed a conditional plea of guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). White contends that a police officer tripped him, thus effecting an illegal detention. White argues that the district court's finding that White fell after colliding with the officer is clearly erroneous. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

We review de novo the denial of a motion to suppress evidence. United States v. Khan, 993 F.2d 1368, 1375 (9th Cir. 1993). We review the district court's findings of fact for clear error. United States v. Negrete-Gonzales, 966 F.2d 1277, 1282 (9th Cir. 1992). "Questions of credibility are for the [trier of fact] to decide and are generally immune from appellate review." United States v. Gordon, 844 F.2d 1397, 1405 (9th Cir. 1988).

Stockton police arrested White shortly after he fell to the ground, jarring a gun free from his waistband. Undisputed testimony at the suppression hearing showed that Officers Naff and Votino were walking toward the mouth of a grassy alley between two buildings of an apartment complex shortly after midnight on December 18, 1992, when two men came running through the alley. Seconds later, as the officers were crossing the mouth of the alley, a third man, Alonzo Terrance White, came running through. According to Naff's testimony, he had not even seen White when White grazed him and went sprawling. White testified that he had not seen Naff when he felt Naff trip him. The district court found that the two collided, and denied White's suppression motion. Our careful review of the transcript reveals no clear error. See Negrete-Gonzales, 966 F.2d at 1282.

AFFIRMED.