United States v. John Henry Wilmoth

89 F.3d 848 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John Henry WILMOTH, Defendant-Appellant. No. 95-30222. United States Court of Appeals, Ninth Circuit. Submitted April 22, 1996. * Decided April 29, 1996. Before: HALL, THOMPSON and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 John Henry Wilmoth appeals from his conviction following entry of a conditional guilty plea to possession of an unregistered sawed-off shotgun in violation of 26 U.S.C. § 5681 (d). Wilmoth contends that the district court erred by denying his motion to suppress evidence. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 Wilmoth contends that the evidence fails to show that the officers who searched his truck reasonably believed that Wilmoth or his passenger were dangerous. We disagree. 4 We review de novo the lawfulness of a search and seizure, and for clear error the district court's findings of fact. United States v. Huffhines,…