United States v. Antoine Antonio Adler

70 F.3d 121 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Antoine Antonio ADLER, Defendant-Appellant. No. 95-10084. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1995. * Decided Nov. 9, 1995. Before: GOODWIN, PREGERSON, and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Antoine Antonio Adler appeals his conviction following the entry of a conditional guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922 (g)(1). Adler contends that the district court erred by finding that the San Francisco police department officers had reasonable suspicion to conduct an investigatory stop and a subsequent pat-down search. We have jurisdiction under 28 U.S.C. Sec. 1291 and reverse. 3 Whether there was founded suspicion to justify an investigatory stop is a mixed question of law and fact which we review de novo. United States v. Carrillo, 902 F.2d 1405, 1411 (9th Cir.1990). We review the…