United States v. Eddie Zamarripa

MEMORANDUM

Eddie David Zamarripa (“Zamarripa”) entered a conditional guilty plea to a charge of being a felon in possession of a firearm, in -violation of 18 U.S.C. § 922 (g)(1). He appeals the district court’s denial of his motion to suppress the firearm that police officers found during an investigative stop. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

We review de novo the denial of a motion to suppress, while reviewing for clear error the underlying factual findings. United States v. Davis, 530 F.3d 1069, 1077 (9th Cir.2008).

The investigative stop was supported by reasonable suspicion that criminal activity may have been afoot. See Terry v. Ohio, 392 U.S. 1, 30 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). The officers had reason to believe that Zamarripa (a) resembled a car-prowl suspect; (b) had just banged on a car and invited its occupants to fight; (c) was wearing a gang-related head covering in an area known for gang activity; and (d) had previously been associated with gang activity in the area. Considering the totality of the circumstances, these facts were enough to support an investigative stop. See United States v. Johnson, 581 F.3d 994, 999 (9th…