United States v. Matthew Van Lith

FILED
NOT FOR PUBLICATION MAR 15 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-30118
Plaintiff - Appellee, D.C. No. 3:11-cr-00176-EJL-2
v.
MEMORANDUM *
MATTHEW VAN LITH,
Defendant - Appellant.
UNITED STATES OF AMERICA, No. 12-30119
Plaintiff - Appellee, D.C. No. 3:11-cr-00176-EJL-1
v.
KAILEY DOAN,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Idaho
Edward J. Lodge, District Judge, Presiding
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Submitted March 5, 2013 **
Seattle, Washington
Before: FERNANDEZ, W. FLETCHER, and RAWLINSON, Circuit Judges.
Appellants Matthew Van Lith and Kailey Doan, who were convicted of
marijuana possession at an Idaho campground, challenge the district court’s denial
of their motions to suppress.
The district court properly denied the motions to suppress because, under the
totality of circumstances, the Bureau of Land Management ranger “had a
particularized and objective basis for suspecting” that Van Lith and Doan were
engaged in criminal activity. United States v. Basher, 629 F.3d 1161, 1165 (9th
Cir. 2011) (citation omitted).
AFFIRMED.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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