United States v. Washington

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-30386 Plaintiff-Appellee, D.C. No. v.  CR-05-00010-1-

BENNIE DEMETRIUS WASHINGTON, ALH

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Oregon Ancer L. Haggerty, District Judge, Presiding

Argued and Submitted March 8, 2007—Portland, Oregon

Filed June 19, 2007

Before: Ronald M. Gould, Richard A. Paez, and Johnnie B. Rawlinson, Circuit Judges.

Opinion by Judge Gould Lisa Hay, Assistant Federal Public Defender, Portland, Ore- gon, for appellant Bennie D. Washington.

Stephen F. Peifer, Assistant United States Attorney, Portland, Oregon, for appellee United States of America.

OPINION

GOULD, Circuit Judge:

On the night that led to the conviction of Bennie Demetrius Washington (“Washington”) and this appeal, Washington was seated in his lawfully parked car, on a dark Portland street not long before midnight. Portland police officer Daryl Shaw (“Shaw”) decided to initiate investigatory contact with Wash- ington, though he lacked reasonable suspicion or…