Roberts

MEMORANDUM *

Defendant Joseph A. Roberts appeals the denial of his motion to suppress and his eighty-one-month sentence. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a)(1). We affirm the denial of the motion to suppress; however, upon agreement of the parties, we vacate Roberts’s sentence and remand for resentencing.

1. Motion to suppress

The district court denied Roberts’s motion to suppress because reasonable suspicion supported the stop of Roberts’s truck and the stop was not impermissibly prolonged. We review de novo the denial of a motion to suppress. 1 United States v. Berber-Tinoco, 510 F.3d 1083, 1087 (9th Cir.2007).

After de novo consideration of the factors identified in Berber-Tinoco, see id. at 1087-88 (citing United States v. Brignoni-Ponce, 422 U.S. 873 , 95 S.Ct. 2574 , 45 L.Ed.2d 607 (1975), and United States v. Arvizu, 534 U.S. 266 , 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002)), we agree with the district court’s conclusion that the stop was based on reasonable suspicion under “the totality of the circumstances.” Id. at 1087. Roberts’s truck was observed at 4:10 a.m., on an isolated dirt road in rural Washington with little non-local traffic.…