Reyes
United States v. Reyes
Opinion
Lead Opinion
*700 MEMORANDUM **
Raymond Nauta Reyes (“Reyes”) appeals the denial of his motion to suppress, his jury trial conviction, and the sentence imposed for possession with intent to distribute in excess of 5 grams of methamphetamine, in violation of 21 U.S.C. § 841 , possession of a firearm by a person convicted of a misdemeanor crime of domestic violence, in violation of 18 U.S.C. § 922 (g)(9), and possession of a firearm in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(1)(A). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a).
Reyes contends, inter alia, that the court erred in denying his motion to suppress because Sgt. Shimabukuro did not have reasonable suspicion to stop him. We agree.
Sergeant Shimabukuro received an anonymous tip that a man named Ray Regis was selling drugs at the boat harbor. The tipster described the vehicle driven by Regis as a white compact with license plate number KPC 207. After receiving the call, Sgt. Shimabukuro immediately drove to the boat harbor. When he arrived he saw two vehicles parked in an open space that was used as a parking lot. Reyes’ car was facing the roadway and the truck was parked…