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.
Argued and Submitted January 23, 2009
Filed September 10, 2009
Opinion by Judge Tallman
Partial Concurrence and Partial Dissent by Judge Smith