Swift

United States v. Swift

Good Law
138 F. App'x 985
United States Court of Appeals for the Ninth CircuitJuly 13, 2005No. 04-30230California1,066 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Anthony Swift was convicted by a jury on one count of unlawful possession of a firearm in violation of 18 U.S.C. § 922 (g), and sentenced to a 15-year term of imprisonment. Swift challenges both the conviction and sentence.

I.

Prior to his arrest, police officers conducted a Terry stop and search of Swift’s person which revealed that Swift was carrying a firearm. Swift contends the police had no reasonable or particularized suspicion to justify the Terry stop. He is mistaken.

The district court properly concluded that the Terry stop and search was valid. The aborted 911 calls made late at night, the prior domestic abuse incident, the comment of a woman standing near Swift upon the arrival of the police, and Swift’s erratic behavior, when considered as a whole, all support a reasonable inference that it was possible Swift had committed or would soon be committing a crime. See United, States v. Arvizu, 534 U.S. 266, 274 , 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002) (review *987 ing set of factual circumstances in their totality, and disfavoring appellate review of individual facts in isolation); see also Illinois v. Wardlow, 528 U.S. 119, 124 , 120 S.Ct. 673 ,…

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