United States v. Stephen D. Farmer

976 F.2d 738 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Stephen D. FARMER, Defendant-Appellant. No. 92-10019. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 21, 1992. Decided Sept. 24, 1992. 1 Before KOZINSKI and DAVID R. THOMPSON, Circuit Judges, and RHOADES, District Judge. * 2 MEMORANDUM ** 3 Farmer appeals his conviction as a felon in possession of a firearm, 18 U.S.C. § 922 (g)(1); he argues that evidence of the gun he carried in his belt should have been suppressed. 4 The initial encounter between Farmer and the officer was entirely consensual. The officer approached Farmer and a companion in a public place and asked them to answer a few questions. The district court determined that a reasonable person in Farmer's position would have felt free to leave; this finding is not clearly erroneous. See United States v. Erwin, 803 F.2d 1505, 1508 (9th Cir.1986). The encounter did not…