United States v. Sid Willis, Jr.

FILED NOT FOR PUBLICATION JUL 29 2015 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 13-30376 Plaintiff - Appellee, D.C. No. 3:12-cr-00292-BR-1 v. MEMORANDUM* SID EDWARD WILLIS, Jr., Defendant - Appellant. UNITED STATES OF AMERICA, No. 13-30377 Plaintiff - Appellee, D.C. No. 3:02-cr-00120-BR-1 v. SID EDWARD WILLIS, Jr., Defendant - Appellant. Appeal from the United States District Court for the District of Oregon Anna J. Brown, District Judge, Presiding Argued and Submitted March 4, 2015 Portland, Oregon * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Before: FISHER, PAEZ, and IKUTA, Circuit Judges. In this consolidated appeal, Sid Willis, Jr. challenges the district court’s denial of his motion to suppress evidence in case number 3:12-cr-00292, and its imposition of a 60-month sentence for violating the terms of his supervised release in case number 3:02-cr-00120.1 We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. The district court did not err in denying Willis’s motion to suppress. The detention of Willis that resulted in the officers’ discovery of the relevant evidence was a valid investigatory stop under Terry v. Ohio, 392 U.S. 1 (1968). The aggressive means the officers used to stop Willis were justified and did not convert the detention into an arrest because the officers had information that Willis was currently armed, the stop closely followed a violent crime, and Willis fled upon seeing the officers’ vehicle. See United States v. Edwards, 761 F.3d 977, 982 (9th Cir. 2014); cf. Green v. City & Cnty. of San Francisco, 751 F.3d 1039, 1047–48 (9th Cir. 2014). Willis concedes that the officers had reasonable suspicion to stop him. The stop therefore did not violate the Fourth Amendment. See Gallegos v. City of Los Angeles, 308 F.3d 987, 990–91 (9th Cir. 2002). AFFIRMED. 1 We resolve Willis’s challenge to his sentence in a concurrently issued opinion. United States v. Willis, __ F.3d __ (9th Cir. 2015).