United States v. Vincent Barbee

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 27 2011
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 10-30266
Plaintiff - Appellee, D.C. No. 2:10-cr-00099-JLR-1
v.
MEMORANDUM*
VINCENT WILLIAM BARBEE,
Defendant - Appellant.
Appeal from the United States District Court
for the Western District of Washington
James L. Robart, District Judge, Presiding
Argued and Submitted June 9, 2011
Seattle, Washington
Before: REINHARDT, W. FLETCHER, and RAWLINSON, Circuit Judges.
Barbee entered a conditional plea to one count of being a felon in possession
of a firearm in violation of 18 U.S.C §922(g)(1), reserving the right to appeal the
denial of his motion to suppress the evidence obtained following a Terry stop. We
affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
An officer may perform a Terry stop only when under the “totality of the
circumstances” there is a “particularized and objective basis for suspecting legal
wrongdoing.” United States v. Sigmond-Ballesteros, 285 F.3d 1117, 1121 (9th Cir.
2002) (citations omitted). The detaining officer’s observation that Barbee was
parked in a car, along with three other people, in a high crime area at 9 AM, and
that his eyes were glassy, his hands were shaking and he appeared extremely
nervous, constituted a basis for reasonable suspicion in light of the officer’s
training and experience. See Ramirez v. City of Buena Park, 560 F.3d 1012, 1020-
21 (9th Cir. 2009).
AFFIRMED.