Sweet

United States v. Sweet

Good Law
24 F. App'x 831
United States Court of Appeals for the Ninth CircuitJanuary 2, 2002No. 01-30121; D.C. No. CR-00-00099-PACalifornia435 words

Opinion

Lead Opinion

MEMORANDUM **

David John Sweet appeals conviction after his conditional guilty plea to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Sweet first challenges the district court’s denial of his motion to suppress evidence of a firearm that he discarded in a trash bin. He contends that he did not voluntarily abandon the firearm because he had been unlawfully arrested before disposing of it. We review de novo the denial of a motion to suppress and the determination of reasonable suspicion. United States v. Sigmond-Ballesteros, 247 F.3d 943, 946 (9th Cir.2001); United States v. Osborn, 203 F.3d 1176, 1180 (9th Cir.), cert. denied, 530 U.S. 1237 , 120 S.Ct. 2676 , 147 L.Ed.2d 287 (2000). We review for clear error the district court’s factual findings, and the issue of whether property has been abandoned within the meaning of the Fourth Amendment. United States v. Dorais, 241 F.3d 1124, 1128 (9th Cir.2001); United States v. Stephens, 206 F.3d 914, 916-17 (9th Cir.), reh’g denied, 232 F.3d 746 (2000).

We find Sweet’s contention unpersuasive. Although a detention in violation of the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.