United States v. Ariel Terry-Crespo

Defendant Ariel Terry-Crespo appeals the district court’s denial of his motion to suppress physical evidence and statements. He alleges that reasonable suspicion did not support the police’s investigatory stop, Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968), and that the evidence obtained was the suppressible, poisonous fruit of a search conducted in violation of the Fourth Amendment. The district court found that the 911 telephone call precipitating the stop had sufficient indicia of reliability to provide the police with reasonable articulable suspicion justifying it. At sentencing, the district court determined that Terry-Crespo’s pri- or Oregon conviction for unlawful use of a firearm constituted a “crime of violence.” It then enhanced his offense level and sentenced him to twenty-four months incarceration. He timely appeals both his conviction and sentence.

We agree with the district court that the victim’s preliminary 911 call bore sufficient indicia of reliability and that, notwithstanding Terry-Crespo’s argument to the contrary, Florida v. J.L., 529 U.S. 266 , 120 S.Ct. 1375 , 146 L.Ed.2d 254 (2000), does not compel suppression. First, as a threshold…