United States v. Albert Bruce Neal

92 F.3d 1194 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Albert Bruce NEAL, Defendant-Appellant. No. 95-10157. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 12, 1996. Decided July 25, 1996. Before: Reinhardt, Thompson, and O'Scannlain, Circuit Judges. 1 MEMORANDUM * 2 On April 12, 1996 we remanded this case for a "factual determination whether Neal voluntarily exited the car prior to any contact with the police, as he claims in his affidavit or whether, as the officer asserted in his testimony, the officer had turned on his lights and sirens prior to the entry of Neal's car into the parking lot, thus signaling Neal to pull over." On remand, the judge determined that the "defendant pulled over into the apartment complex parking lot in response to Officer Bernasconi's direction when the officer, who was immediately behind the defendant's car, activated his siren and overhead emergency lights." 3…