Sandoval

MEMORANDUM **

We affirm the denial of the motion to suppress the evidence, but remand for re-sentencing.

I. Suppression motion

A number of events and circumstances combined to provide the officers with a particularized and objective basis for suspecting Sandoval of criminal activity: the telephone tip; the short interval of time between the telephone call and the officers’ arrival; Sandoval’s location in front of room 217 in the motel’s parking lot; his evasive actions in the car; his refusal to obey the officers’ commands; and his possession of a weapon. The police tactics, while aggressive, did not convert the Terry stop into an arrest. The tactics constituted a reasonable response to legitimate safety concerns that resulted from Sandoval’s uncooperative actions and possession of a weapon. Because the officers acted reasonably under the circumstances, the district court correctly denied Sandoval’s motion to suppress the evidence.

II. Sentencing

Under the categorical approach set forth in Taylor v. United States, 495 U.S. 575, 602 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), third-degree assault in Washington does not qualify as a crime of violence as that term is defined in…