United States v. Erick Lopez

FILED
NOT FOR PUBLICATION SEP 27 2010
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. 09-10326
Plaintiff - Appellee, D.C. No. 3:08-cr-00342-SI
v.
MEMORANDUM *
ERICK DAVID LOPEZ, AKA Spooky,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
Susan Illston, District Judge, Presiding
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, N.R. SMITH, Circuit Judges.
Erick David Lopez appeals from his conviction and 360-day sentence for
being an illegal alien in possession of a firearm, in violation of 18 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§ 922(g)(5)(A), and for illegal reentry, in violation of 8 U.S.C. § 1326. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Lopez seeks to challenge the district court’s denial of his motion to suppress
evidence of a firearm discovered during a traffic stop. The government contends
that Lopez’s appeal is moot because he stipulated that he possessed a firearm
which in turn formed the basis of his conviction. Giving Lopez the benefit of the
doubt that his appeal is not moot, see United States v. Larson, 302 F.3d 1016,
1020-22 (9th Cir. 2002) (discussing when an appeal may be moot following a
stipulation), we conclude that the district court did not err in denying Lopez’s
motion to suppress, see United States v. Wallace, 213 F.3d 1216, 1220 (9th Cir.
2000).
AFFIRMED.
2 09-10326