Swift
United States v. Swift
Opinion
Lead Opinion
*896 ORDER
The memorandum disposition filed July 13, 2005, is withdrawn and a corrected memorandum disposition is ordered filed.
The appellant’s motion for late filing of petition for rehearing is GRANTED. The petition for rehearing received August 18 2005, is deemed filed as of August 18, 2005.
The petition for rehearing is DENIED.
No future petitions for rehearings shall be entertained.
CORRECTED 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)(1), 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…