Akin

United States v. Akin

Good Law
213 F. App'x 606
United States Court of Appeals for the Ninth CircuitDecember 20, 2006No. 05-50788California2,144 words

Opinion

Lead Opinion

MEMORANDUM ***

Defendant Aaron Mark Akin appeals his conviction by jury trial for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). A police officer, Alfonso Rodriquez, found a revolver in the trunk of the car Akin was driving. Akin argues that the district court improperly admitted a methamphetamine pipe found on his person during an illegal frisk by Rodriquez. Akin also argues that the pipe as well as a scale found in the driver-side door and a syringe found in the trunk were prejudicial character evidence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Akin’s motion to suppress is reviewed de novo. United States v. Crawford, 372 F.3d 1048, 1053 (9th Cir.2004) (en banc), cert. denied, 543 U.S. 1057 , 125 S.Ct. 863 , 160 L.Ed.2d 783 (2005). The trial court’s factual findings pertaining to motions to suppress are reviewed for clear error. United States v. Bynum, 362 F.3d 574, 578 (9th Cir.2004). Review under the clearly erroneous standard is significantly deferential, requiring a “definite and firm conviction that a mistake has been committed,” before a finding can be overturned. See Easley v. Cromartie, 532 U.S. 234 , 242, 121…

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