United States v. Aaron Garcia

MEMORANDUM

Defendant-Appellant Aaron Garcia appeals the district court’s denial of his motion to suppress the fruits of a Terry stop, after which the jury convicted him of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). Garcia further appeals the judgment and sentence imposed by the district court following his guilty plea to escape from federal custody, in violation of 18 U.S.C. § 751 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we áffírrn.

The district court denied Garcia’s motion to suppress primarily because a reasonable officer could believe, based on the totality of the circumstances, that Garcia was armed and dangerous. We hold that the seizure of the gun underneath the jacket in Garcia’s car was the result of a lawful Terry stop based on “ ‘specific and articulable facts, which ... reasonably warrant’ the officers in believing that the suspect is dangerous and the suspect may gain immediate control of weapons.” Michigan v. Long, 463 U.S. 1032, 1049 , 103 S.Ct. 3469 , 77 L.Ed.2d 1201 (1983) (quoting Terry v. Ohio, 392 U.S. 1, 21 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968)). The vehicle in which Garcia was a passenger abruptly turned…