United States v. Yusuf D. Reeves

Good Law
6 F.3d 660·93 Daily Journal DAR 12574·1993 WL 385390·1993 U.S. App. LEXIS 25097·93 Cal. Daily Op. Serv. 7390
United States Court of Appeals for the Ninth CircuitOctober 4, 199392-30454California917 words

Opinion

Opinion

Wright, J.

A jury convicted Yusuf D. Reeves of being a felon in possession of a handgun. 18 U.S.C. § 922 (g)(1). He was sentenced to a term in prison and three years of supervised release. We consider in this opinion his argument that the district court erred in denying his motion to suppress evidence taken from a briefcase found in his car after a traffic stop. We affirm. Reeves raises other issues that we dispose of in a separate, unpublished Memorandum disposition.

JURISDICTION

The district court had original jurisdiction. 18 U.S.C. § 3231 . We have jurisdiction under 28 U.S.C. § 1291 .

I. FACTS

The district court’s Order Denying Motion to Suppress, published in United States v. Reeves, 798 F.Supp. 1459 (E.D.Wash.1992), discusses the factual background at length. We summarize the judge’s factual findings.

United States Border Patrol Officer Paul Erni was in uniform, driving a marked United States Border Patrol car and patrolling for illegal aliens on interstate highway 1-90 near Medical Lake, Washington. He observed Reeves driving a Chevrolet Citation, wearing a shower cap and talking on a cellular phone. Officer Erni considered the circumstances somewhat suspicious of drug…

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