Reed

MEMORANDUM **

Lasemial Reed appeals his jury conviction and sentence for unlawful possession of a firearm in violation of 18 U.S.C. § 922 (g)(1) and § 924(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm Reed’s conviction, but vacate his sentence and remand to the district court for resentencing.

Reed contends that the district court erred in denying his motion to suppress evidence because the police lacked reasonable suspicion to stop and frisk him for weapons. Reed’s contention lacks merit. The specific question of whether reasonable suspicion existed under given facts is a legal conclusion subject to de novo review. See United States v. Thomas, 211 F.3d 1186,1189 (9th Cir.2000). Any underlying factual findings are reviewed for clear error. See United States v. Lopez-Soto, 205 F.3d 1101, 1103 (9th Cir. 2000).

Reed argues that the officers’ receipt of an anonymous call reporting a black male waving a gun at 48th and Yakima Streets was insufficient to support reasonable suspicion to stop and frisk him. Reed cites the Supreme Court’s recent holding in Florida v. J.L., 529 U.S. 266 , 120 S.Ct. 1375, 1379 , 146 L.Ed.2d 254 (2000), that an anonymous tip, without…