United States v. Williams

Good Law
117 F. App'x 496
United States Court of Appeals for the Ninth CircuitOctober 7, 2004Nos. 03-10113, 03-10123; D.C. No. CR-01-00434-1-LRH, D.C.; No. CR-01-00434-LRHCalifornia857 words

Opinion

Lead Opinion

MEMORANDUM **

Pontrell Williams appeals his conviction on one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). The government cross-appeals his sentence. We have jurisdiction to review the final judgment in this case under 28 U.S.C. § 1291 , and to review the sentence under 18 U.S.C. 3742(b), and we affirm in part and reverse in part.

I

Williams argues that the district court should have suppressed evidence of the firearm because officers violated his rights under 18 U.S.C. § 3109 and the Fourth Amendment. Reviewing the denial of Williams’s motion to suppress de novo, United States v. Bynum, 362 F.3d 574, 578 (9th Cir.2004), we conclude that under the totality of circumstances, the officers’ manner of entry was justified by a reasonable suspicion that knocking would be dangerous. See id. at 581-82 . The officers did not base their suspicion on the generalized dangerousness of drug dealers, see United States v. Becker, 23 F.3d 1537, 1540-41 (9th Cir.1994); United States v. Granville, 222 F.3d 1214, 1219 (9th Cir.2000), but on particularized facts: the expected presence of Back Street Crips (BSC) gang members at 1671 North D Street who…

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