United States v. Jose Alberto Sandoval

Jose Alberto Sandoval pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). He challenges the district court’s denial of his motion to suppress the evidence. He also challenges his sentence. We affirm the denial of the motion to suppress the evidence, but remand for resentencing because the sentence enhancement was based on an incorrect judgment that Sandoval’s prior guilty plea to third-degree assault in Washington constituted a conviction of a crime of violence.

BACKGROUND

At approximately 7:40 a.m. on September 20, 2002, the Yakima police received an anonymous phone call reporting that a 24-year-old Hispanic male with bushy hair known as “Budda” was pointing a gun at a 33-year-old white female named Michele Harris in front of Room 217 of the Red Apple Motel in Yakima. Several officers arrived at the motel less than five minutes later.

Officers Masters, Sanchez, and Fuehrer were the first to arrive. Officer Masters spoke with the manager, who told him that room 217 was on the back side of the motel. Officer Masters went through the breezeway, while Officers Sanchez and Fuehrer headed directly to room 217. All the officers had their…