United States v. Anthony Washington

MEMORANDUM

Anthony Washington appeals from his conviction and sentence for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1); possession with intent to distribute cocaine base in the form of crack cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(l)(B)(iii); and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(1)(A). We have jurisdiction pursuant to 18 U.S.C. §' 3742 and 28 U.S.C. § 1291 , and we affirm.

Washington has not demonstrated that the district court clearly erred in crediting Sergeant Mkrtchyan’s testimony that he saw Washington without his seat-belt as the vehicle in which Washington was a passenger pulled off the street and into a gas station. See United States v. Craighead, 539 F.3d 1073, 1082 (9th Cir. 2008) (giving “special deference” to the district court’s credibility findings). Accordingly, the district court did not err in denying Washington’s motion to suppress on the ground that the arresting officers had reasonable suspicion to conduct the traffic stop of the vehicle, because the record does not support a definite and firm conviction that the officers lacked…