Opinion
No. 13-30376 No. 13-30377
07-29-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SID EDWARD WILLIS, Jr., Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 3:12-cr-00292-BR-1 MEMORANDUM D.C. No. 3:02-cr-00120-BR-1 Appeal from the United States District Court for the District of Oregon
Anna J. Brown, District Judge, Presiding
Argued and Submitted March 4, 2015 Portland, Oregon Before: FISHER, PAEZ, and IKUTA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
In this consolidated appeal, Sid Willis, Jr. challenges the district court's denial of his motion to suppress evidence in case number 3:12-cr-00292, and its imposition of a 60-month sentence for violating the terms of his supervised release in case number 3:02-cr-00120. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
We resolve Willis's challenge to his sentence in a concurrently issued opinion. United States v. Willis, ___ F.3d ___ (9th Cir. 2015). --------
The district court did not err in denying Willis's motion to suppress. The detention of Willis that resulted in the officers' discovery of the relevant evidence was a valid investigatory stop under Terry v. Ohio, 392 U.S. 1 (1968). The aggressive means the officers used to stop Willis were justified and did not convert the detention into an arrest because the officers had information that Willis was currently armed, the stop closely followed a violent crime, and Willis fled upon seeing the officers' vehicle. See United States v. Edwards, 761 F.3d 977, 982 (9th Cir. 2014); cf. Green v. City & Cnty. of San Francisco, 751 F.3d 1039, 1047-48 (9th Cir. 2014). Willis concedes that the officers had reasonable suspicion to stop him. The stop therefore did not violate the Fourth Amendment. See Gallegos v. City of Los Angeles, 308 F.3d 987, 990-91 (9th Cir. 2002).
AFFIRMED.