Galu

MEMORANDUM **

Sugalu Galu appeals from the district court’s denial of his motion to suppress evidence after entering a conditional guilty plea to (1) possession with intent to distribute in excess of five grams of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1), and (2) carrying a firearm during and in relation to a drug trafficking offense, in violation of 18 U.S.C. § 924 (c)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

First, Galu argues that police lacked reasonable suspicion to believe that he was armed and presently dangerous, and thus that their patdown of his fanny pack was unreasonable and a violation of his Fourth Amendment rights. However, “a reasonably prudent man in the circumstances would [have been] warranted in the belief that his safety or that of others was in danger.” Terry v. Ohio, 392 U.S. 1, 27 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). Moreover, given the illicit and private nature of the premises, a gambling establishment, Galu’s case is distinguishable from that of Ybarra v. Illinois, 444 U.S. 85 , 100 S.Ct. 338 , 62 L.Ed.2d 238 (1979).

Second, Galu argues that the officers were not entitled to conduct a protective sweep of the…