United States v. Norman Russell Baker, Jr.

Norman Russell Baker, Jr. appeals his conviction and subsequent sentence to 15 years imprisonment as an armed career criminal under 18 U.S.C.App. § 1202(a). We affirm.

On October 27, 1986, while on duty, Sgt. Klier of the Clackamas County Sheriffs Office observed a 1972 Chevrolet which lacked a hood, had a high-rise manifold, two four-barrel carburetors and an air scoop. Klier began following, and then stopped the vehicle. Klier’s expressed basis for the stop was that the car’s exhaust was “excessively and unreasonably loud.”

Baker got out of the car. When asked for his license, Baker said he did not have it with him. When asked his name, Baker said something quickly which Klier did not understand. Klier saw something that looked like part of a knife sheath visible under Baker’s coat. Klier reached in and grabbed it. It was a hunting knife. Klier then saw Baker remove his right hand from his jacket pocket and then quickly move his hand inside the jacket. Sgt. Klier saw what appeared to be a knife handle in Baker’s hand. Klier grabbed it; it was a switchblade. Klier then arrested Baker and handcuffed him. A pat down search for more weapons revealed two loaded 16 round, .45…