United States v. Guerrero, No. 17-50384 (9th Cir. 2019)Annotate this Case
In the wake of the 2014 amendments to Federal Rule of Criminal Procedure 12, the good-cause standard in Federal Rule of Criminal Procedure 12(c)(3), rather than plain error review, continues to apply when a defendant attempts to raise new theories on appeal in support of a motion to suppress. The Ninth Circuit affirmed the district court's denial of defendant's motion to suppress a gun and ammunition found during a traffic stop. The panel held that defendant did not show good cause for failing to present in his pretrial motion the new theory he raised for suppression in this appeal, nor has he challenged the district court's rejection of the one theory that he did raise.