United States v. Ben Edward Tomlin

Good Law
28 F.3d 110·1994 WL 284098·1994 U.S. App. LEXIS 25303
United States Court of Appeals for the Ninth CircuitJune 27, 199493-10545California1,099 words

Opinion

Opinion

28 F.3d 110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ben Edward TOMLIN, Defendant-Appellant. No. 93-10545. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 13, 1994. Decided June 27, 1994. Before: GOODWIN, PREGERSON, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Ben Edward Tomlin appeals his felon-in-possession conviction, 18 U.S.C. Sec. 922 (g), and the district court's sentence of 30 months imprisonment. We have jurisdiction, 28 U.S.C. Sec. 1291 ; 18 U.S.C. Sec. 3742 , and we affirm. 3 * Tomlin argues that the district court erred in denying his motion to suppress, because the officers failed to articulate a valid basis for the reasonable suspicion necessary to stop and detain him. 1 We disagree. Both officers testified that they observed Tomlin alone in his car, with the radio turned up, after midnight in a high-crime area. The officers thus had a reasonable, articulable suspicion for…

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