United States v. John McCartney

MEMORANDUM

Following the district court’s denial of his motion to suppress evidence and his motion to dismiss the indictment, John McCartney pled guilty to four counts of possession of a machine gun in violation of 18 U.S.C. § 922 (o) and fifteen counts of possession of a firearm not registered in the National Firearms Registry in violation of 26 U.S.C. § 5861 (d). McCartney appeals from the district court’s denial of both motions.

We review de novo motions to suppress, including questions of whether law enforcement officials have reasonable suspicion or probable cause under given facts. See United States v. Decoud, 456 F.3d 996, 1007 (9th Cir.2006); United States v. Bishop, 264 F.3d 919, 924 (9th Cir.2001). Underlying factual findings are reviewed for clear error. United States v. Colin, 314 F.3d 439, 442 (9th Cir.2002). We review de novo denials of motions to dismiss based on constitutional rights. See United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1047 (9th Cir.2004).

I. Motion to Suppress Evidence

McCartney argues that the district court erred in denying his motion to suppress evidence discovered during the traffic stop of McCartney by Kern County Sheriffs Office Deputy…