United States of America v. Kevin Fuqua

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
KEVIN FUQUA,
Defendant-Appellant.
No. 15-10278
D.C. No. 4:14-cr-00287-JD-1
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
James Donato, District Judge, Presiding
Submitted December 16, 2016**
San Francisco, California
Before: HAWKINS, BERZON, and MURGUIA, Circuit Judges.
Kevin Fuqua (“Fuqua”) appeals his conviction under 18 U.S.C. § 922(g)(1).
We affirm.
FILED
JAN 03 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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On appeal, Fuqua presents an argument for suppressing evidence in his case
that he did not raise before the district court. By not raising it below, Fuqua has
waived the argument. See Fed. R. Crim. P. 12(b)(3)(C). Fuqua has not shown why
he should be granted relief from his waiver. While intervening changes in law may
provide grounds for such relief, contrary to Fuqua’s argument, United States v. James,
810 F.3d 676 (9th Cir. 2016), does not represent an intervening change in pertinent
Fourth Amendment law.
Even if Fuqua did not waive this argument, the police officers’ conduct here did
not violate the Fourth Amendment. Fuqua was not seized when officers knocked on
the window of the car he was sleeping in, woke him in the process, and asked to speak
with him. See United States v. Washington, 490 F.3d 765, 770 (9th Cir. 2009).
AFFIRMED.
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