United States v. Leonel Marin-Torres

MEMORANDUM

Defendant-Appellant Leonel Marin-Torres (“Marin-Torres”) was convicted of three counts: possession with intent to distribute crack cocaine in violation of 21 U.S.C. § 841 (a)(1) and (b)(l)(B)(iii), carrying a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924 (c)(1)(A), and being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Marin-Torres appeals the district court’s denial of his motion to suppress and the court’s decision to admit evidence of prior bad acts.

We affirm the district court’s ruling on the motion to suppress. Denials of motions to suppress are reviewed de novo. United States v. Meek, 366 F.3d 705 , 711 (9th Cir.2004). The two 911 calls placed by Glennice Arvin in this case had as many, if not more, indicia of reliability as the 911 call in United States v. Terry-Crespo, 356 F.3d 1170 (9th Cir.2004). Additionally, the officers had reasonable and articulable suspicion that criminal activity may have been afoot and that Marin-Torres posed a safety threat when they stopped and frisked him. The totality of circumstances gave the police reasonable and articulable suspicion that Marin-Torres…