Bibbins

United States v. Bibbins

Bad Law
637 F.3d 1087·11 Cal. Daily Op. Serv. 4645·2011 U.S. App. LEXIS 8001
United States Court of Appeals for the Ninth CircuitApril 20, 201109-16775California4,289 words

Opinion

Opinion

Paez, J.

After a court trial in front of a magistrate judge, Kevin Bibbins was convicted of two misdemeanors: (1) resisting a government employee or agent, in violation of 36 C.F.R. § 2.32 (a)(1); and (2) obstructing a license plate, in violation of 36 C.F.R. § 4.2 (b) and Nevada Revised Statutes § 482.275. The charges arose out of a traffic stop that escalated into an altercation between Bibbins and four park rangers in Lake Mead National Recreation Area, Nevada. Bibbins appeals both convictions. For the reasons stated below, we affirm.

I. BACKGROUND

On April 8, 2008, Bibbins was stopped by park rangers Michelle Schonzeit and Eric Westpfahl while he was driving a motor home in Lake Mead National Recreation Area. The motor home was towing a pickup truck. The rangers stopped Bib- bins to inform him that a garbage bag had slipped over the back edge of the pickup truck and had obscured the truck’s license plate. After Bibbins pulled over, Schonzeit approached the front cabin of the motor home and informed Bibbins that his truck’s license plate was obscured, to which Bibbins replied, “You don’t need to see my damn license plate — it’s there.” Schonzeit then asked Bibbins several…

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