Shelton

MEMORANDUM

Defendant Dean Russell Shelton appeals his conviction for possession of a firearm and ammunition by a prohibited person in violation of 18 U.S.C. § 922 (g)(1). The Government cross-appeals Shelton’s sentence. We have jurisdiction under 28 U.S.C. § 1291 .

Shelton challenges his conviction on two grounds: 1) his motion to suppress filed below was denied in error and 2) there was insufficient evidence presented at trial to justify his conviction. We review a district court’s determination of a motion to suppress as to issues of law de novo and as to issues of fact for clear error. United States v. Jensen, 425 F.3d 698, 704 (9th Cir.2005). We hold that the district court committed an error of law in denying Shelton’s motion to suppress, thereby requiring reversal of his conviction. As we hold that this error requires reversal of his conviction, we do not reach Shelton’s insufficient evidence ground for reversal and deny the Government’s cross appeal as moot.

On January 6, 2007, the police found a firearm in a vehicle registered to and occupied by Shelton during a warrantless search. The search of Shelton’s vehicle followed his and his co-occupant’s arrest and removal…