Crasper

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-30456 Plaintiff-Appellee, v.  D.C. No.

CR-03-00487-BR

GUNNER LAWSON CRAPSER,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Oregon Anna J. Brown, District Judge, Presiding

Argued July 26, 2006; Resubmitted January 3, 2007 Portland, Oregon

Filed January 10, 2007

Before: Alfred T. Goodwin, Stephen Reinhardt, and Susan P. Graber, Circuit Judges.

Opinion by Judge Graber; Dissent by Judge Reinhardt COUNSEL

Nancy Bergeson, Assistant Federal Public Defender, Portland, Oregon, for the defendant-appellant.

Frank Noonan, Assistant United States Attorney, Portland, Oregon, for the plaintiff-appellee.

OPINION

GRABER, Circuit Judge:

Defendant Gunner Lawson Crapser appeals his conviction, upon a guilty plea, of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He argues that the trial court erred in denying his motion to suppress. We affirm because the initial encounter between Defendant and the police was consensual or,…