Lopez

United States v. Lopez

Good Law
United States Court of Appeals for the Ninth CircuitFebruary 26, 200706-10062California3,340 words

Opinion

Opinion

I. BACKGROUND

The Government charged Lopez on five counts. Counts One and Two charged Lopez with being a felon and an illegal alien in possession of a firearm. Count Three charged him with possessing that same firearm in furtherance of a drug trafficking offense. Count Four charged Lopez with posses- sion of cocaine with intent to distribute. Count Five charged him with illegal reentry. Before trial, Lopez moved to sever the firearm and illegal reentry charges from the drug-related counts. The district court denied his motion. 1 536 U.S. 545 (2002). 2 425 F.3d 634 (9th Cir. 2005). 2210 UNITED STATES v. LOPEZ At trial, one of Lopez’s arresting officers testified regarding the events surrounding Lopez’s arrest. The officer explained that he had responded to a 911 call placed at approximately 3:30 A.M. on August 11, 2004. The caller stated that he had observed Lopez brandish a handgun, walk into a nearby apart- ment complex, re-emerge, and then climb into a maroon Dodge Stratus. Shortly after responding, the testifying officer located the car and pulled up alongside it. He saw Lopez, who was in the passenger seat, lean over as if he were placing something under…

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