United States v. Lawrence O. Larson, Jr.

After a stipulated-facts court trial, the district court convicted Lawrence 0. Larson, Jr., of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g). Larson appeals the district court’s denial of his motion to suppress physical evidence and statements gathered in the course of a police stop and search of his vehicle. The government contends that Larson’s challenge to the suppression ruling is moot because, in convicting Larson, the district court did not rely on the evidence that Larson sought to suppress.

Under the circumstances of this case, Larson’s appeal of the suppression ruling may be moot. However, because Larson may not have knowingly and intelligently understood the consequences that the stipulation would have on his appeal, we remand this case to the district court for an evidentiary hearing.

BACKGROUND

On August 3, 1999, Deputy Sheriff Howard. Horwitz stopped the car Larson was driving on Highway 1 in California. In the course of the stop, Horwitz learned of an outstanding warrant for Larson’s arrest for a probation violation based on unlawful possession of a weapon. In response to questioning, Larson told Horwitz that he had a gun underneath…