Yuen

United States v. Yuen

Good Law
113 F. App'x 742
United States Court of Appeals for the Ninth CircuitOctober 5, 2004No. 03-30428California1,269 words

Opinion

Lead Opinion

MEMORANDUM **

Richard Yuen (Yuen) entered a conditional guilty plea to one count of posses *743 sion of marijuana with the intent to distribute, 21 U.S.C. § 841 (a)(1), (b)(1)(D), and the district court sentenced him to twenty-four months’ imprisonment. Yuen conditioned his guilty plea on his right to challenge, on appeal, the district court’s partial denial of his motion to suppress. Yuen presses such challenge now, and in response, we reverse the district court’s partial denial of his motion to suppress, vacate the judgment, and remand to permit Yuen to withdraw his guilty plea.

The facts of this case are familiar to the parties, and we recite them here only to the extent necessary to resolve the appeal. On the afternoon of March 9, 2008, Officer Brett Hatfield (Officer Hatfield) and Officer Myron Kline (Officer Kline) of the Federal Way, Washington Police Department, were separately dispatched to investigate a large box-type truck parked in the parking lot of the local Lowe’s Home Improvement Store. The dispatch was prompted by a telephone call placed by a citizen, previously unknown to the officers, who identified himself and reported observing a suspicious looking box-type…

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