Pitts

MEMORANDUM *

Jerome L. Pitts was convicted, after a jury trial, of one count of being a felon in possession of a firearm and sentenced to 84 months’ imprisonment. He appeals the district court’s denial of his motion to suppress evidence obtained as a result of the investigative stop that yielded the firearm. He also contends that his sentence was infected by procedural errors. We have jurisdiction under 28 U.S.C. § 1291 , and affirm the judgment of conviction, vacate the sentence and remand for resentencing.

1. Motion to Suppress

Pitts contends that police did not have a reasonable suspicion of criminal activity to support the investigative stop that led to the discovery of the firearm.

A Phoenix police officer conducting surveillance on an alley known for a high volume of illegal narcotics activity observed Pitts engage in two or more hand-to-hand contacts with passers-by. Based on his training and experience, the officer believed the hand-to-hand contacts were drug transactions. When Pitts attempted to leave the alley in a car, police stopped him and discovered the firearm.

Although no officer observed money or drugs change hands, the totality of the circumstances supports…