Newsome

MEMORANDUM *

James David Newsome appeals his conviction and sentence of 294 months for *66 aiding and abetting a bank robbery. We have jurisdiction under 28 U.S.C. § 1291 . We affirm Newsome’s conviction and remand in accordance with United States v. Ameline, 409 F.3d 1073, 1085 (9th Cir.2005) (en banc).

Newsome argues that his initial detention was illegal. We disagree. The officers had a detailed description of New-some’s vehicle, including the full license plate number, and a description of the driver that substantially fit Newsome. This vehicle was seen leaving the scene of a bank robbery with dye-pack powder emanating from it. The totality of the circumstances gave rise to a “reasonable suspicion based upon articulable facts” that Newsome was involved in criminal activity, and his detention was, therefore, lawful. See United States v. Summers, 268 F.3d 683, 686 (9th Cir.2001).

Newsome also argues that he was unjustifiably frisked. Because of Newsome’s reasonably suspected participation in an armed robbery, it was reasonable for the officers to conclude that he might possess a weapon. See United States v. $109,179 in U.S. Currency, 228 F.3d 1080, 1086 (9th Cir.2000). As a…