United States v. Goble
United States v. Goble
Opinion of the Court
MEMORANDUM
Mark J. Goble appeals the district court’s denial of his motion to suppress evidence seized from his motor home. He also appeals his sentence. We conclude that the district court correctly denied Go-ble’s motion to suppress.
The Government conceded that it failed to offer sufficient proof to justify the two-point enhancement to Goble’s sentence under United States Sentencing Guideline § 2Dl.l(b)(5) (2000). Accordingly, we vacate Goble’s sentence and remand for plenary re-sentencing.
THE CONVICTION IS AFFIRMED; THE SENTENCE IS VACATED AND REMANDED.
THOMAS, Circuit Judge, concurring in part and dissenting in part.
Given the government’s proper concession that it failed to offer sufficient proof to justify a sentence enhancement pursuant to U.S.S.G. § 2Dl.l(b)(5), I agree that the sentence must be vacated and the case remanded for re-sentencing.
But I respectfully dissent from the conclusion that the initial interaction between Goble and the law enforcement officers was a purely voluntary encounter rather than an investigatory stop. The government has conceded that it had no legal basis to stop Goble. Thus, the determinative question is whether Goble’s first interaction with the officer was a voluntary encounter or an impermissible investigatory stop. I believe that the encounter constituted an impermissible investigatory stop.
“Questioning by law enforcement officers constitutes an investigatory stop only
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. We review the district court’s decision de novo. United States v. Summers, 268 F.3d 683, 686 (9th Cir. 2001).
. See United States v. Kim, 25 F.3d 1426, 1430-31 (9th Cir. 1994); cf. United States v. Kerr, 817 F.2d 1384, 1386 (9th Cir. 1987) (finding a stop where the police officer stopped the defendant while in motion).
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Mark Joseph GOBLE, aka Mark James Goble, Defendant—Appellant
- Status
- Published