United States Ninth Circuit

Defendant's firearm possession conviction and sentence is affirmed where: 1) the record amply supported a "stop and frisk" search of defendant's vehicle under Terry v. Ohio, 392 U.S. 1 (1968); and 2) the government presented an adequate reason for declining to file the discretionary motion for downward departure, a reason that could not fairly be characterized as arbitrary or based on an unconstitutional motive.

Appellate Information

• Argued 01/23/2009
• Decided 09/10/2009
• Published 09/10/2009

Judges

• Before: ROBERT R. BEEZER, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• M.J. Haden, Office of the Federal Public Defender for the District of Alaska, Anchorage, AK, for the defendant-appellant., Erin E. White (argued), Nelson P. Cohen, United States Attorney's Office for the District of Alaska, Anchorage, AK, for the plaintiff-appellee.