US v. Johnson, No. 08-30094 - U.S. Ninth Circuit
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US v. Johnson, No. 08-30094

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