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.
Read US v. Johnson, No. 08-30094
Appellate Information
Argued and Submitted January 23, 2009
Filed September 10, 2009
Judges
Opinion by Judge Tallman
Partial Concurrence and Partial Dissent by Judge Smith
Counsel
For Appellant:
M.J. Haden, Office of the Federal Public Defender for the District of Alaska, Anchorage, AK
For Appellee:
Erin E. White, United States Attorney’s Office for the District of Alaska, Anchorage, AK
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