Gwin

United States v. Gwin

Good Law
78 F. App'x 556
United States Court of Appeals for the Ninth CircuitOctober 1, 2003No. 02-30307; D.C. No. CR-01-00356-JETCalifornia413 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant Bobby Darnell Gwin appeals his conviction following a jury trial for carrying a firearm in commission of a drug trafficking crime, being a felon in possession of a firearm, and possession with intent to distribute cocaine. We affirm.

The district court did not err by denying Gwin’s motion to suppress. The officer’s experience with the apartment *557 complex, a high-crime area, coupled with Gwin’s actions upon the arrival of the police, 1 gave rise to reasonable suspicion for a stop under Illinois v. Wardlow, 528 U.S. 119, 120 , 120 S.Ct. 678 , 145 L.Ed.2d 570 (2000).

The district court did not abuse its discretion by deciding the motion to suppress without conducting an evidentiary hearing. Gwin’s cursory statement that he would contradict the government’s version of the facts was not “sufficiently definite, specific, detañed, and nonconjectural to enable the court to conclude that contested issues of fact going to the validity of the search [were] in issue.” United States v. Walczak, 783 F.2d 852, 857 (9th Cir.1986). In addition, it appeared from the motion and the government’s reply that the parties were generañy in agreement about the material facts…

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