Brown
United States v. Brown
Opinion
Lead Opinion
MEMORANDUM *
Micah Lynn Brown pleaded guilty and was sentenced to 46 months imprisonment for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g). In this appeal, Brown challenges the district court’s denial of his motion to suppress, its calculation of his criminal history points, and its refusal to depart downward from the Sentencing Guidelines. We affirm. Because the parties are familiar with the facts of this case, we do not recount them here.
1. The Terry Stop and the Search of the Box. Brown contends, first, that the police did not have reasonable suspicion for the Terry stop, and, second, that the stop exceeded its proper scope.
(A). We conclude that under the totality of the circumstances here, the officers who stopped Brown had “a particularized and objective basis for suspecting legal wrongdoing.” United States v. Arvizu, 534 U.S. 266 , 122 S.Ct. 744, 750 , 151 L.Ed.2d 740 (2002) (internal quotation marks omitted). It was reasonable for Detective Hatten to rely on the statements of the informant, despite the fact that he was aware of her criminal history and her drug use. See United States v. Reeves, 210 F.3d 1041, 1045 (9th Cir.2000).…