United States v. Jimmy John Gutierrez

Jimmy John Gutierrez appeals his conviction, following a jury trial, for possession of a firearm by a felon in violation of 18 U.S.C. § 922 (g)(1). Gutierrez argues that the evidence was insufficient to support the verdict, and that the district court erred in admitting evidence. We affirm the conviction.

I.

On December 22, 1990, CHP Sgt. Rade-macher and his partner, Officer Maddox, saw a silver and blue Cadillac making a wide, sweeping turn onto a lane of oncoming traf- fíe. The officers proceeded to follow the Cadillac. They observed “furtive” movements taking place inside — “bending, shifting, twisting, shadows, and hands moving”— and eventually pulled the vehicle over. Inside the Cadillac, the officers found three men: Quinones, the driver; Cervantes, seated in the right front; and Gutierrez, seated in the left rear.

Sgt. Rademacher questioned the driver and noticed the smell of alcohol on his breath. Rademacher conducted a field sobriety test, and the driver was taken to a nearby checkpoint for further testing. After determining that neither Gutierrez nor Cervantes possessed a valid driver’s license, the officers advised them that they were free to go, but that they could…