Avery

MEMORANDUM *

David Avery was convicted for being a felon in possession of a firearm, enhanced by the Armed Career Criminal provisions, and now appeals the denial of his motion to suppress the handgun. For the reasons below, we affirm but grant a limited Ameline remand.

Considering the totality of the circumstances, the police officer had reasonable suspicion to effect a Terry stop of Avery. See Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). The casino security guard had informed the officer of Avery’s suspicious behavior, and the officer independently observed Avery’s fanny pack and suspected it contained a handgun. These facts, in context, provided the officer with sufficient reasonable suspicion to effect the Terry stop.

After considering the factors in Washington v. Lambert, 98 F.3d 1181, 1189-90 (9th Cir.1996), we conclude the officer’s act of handcuffing Avery did not convert the Terry stop into an arrest. First, Avery did not cooperate with the officer. Second, Avery kept looking from side to side and attempted to break the officer’s hold, which indicate a reasonable possibility of flight. Third, the officer suspected Avery was carrying a concealed…