United States v. Erick Lopez

397 F. App'x 338

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 27, 2010
• Docket: 09-10326
• Status: Unpublished

Opinion

MEMORANDUM **

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. § 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.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.