U.S. Court of Appeals for the Ninth Circuit, 2013

United States v. Matthew Van Lith

United States v. Matthew Van Lith
U.S. Court of Appeals for the Ninth Circuit · Decided March 15, 2013

United States v. Matthew Van Lith

Opinion

FILED NOT FOR PUBLICATION MAR 15 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 12-30118 Plaintiff - Appellee, D.C. No. 3:11-cr-00176-EJL-2 v. MEMORANDUM * MATTHEW VAN LITH, Defendant - Appellant.

UNITED STATES OF AMERICA, No. 12-30119 Plaintiff - Appellee, D.C. No. 3:11-cr-00176-EJL-1 v. KAILEY DOAN, Defendant - Appellant.

Appeal from the United States District Court for the District of Idaho Edward J. Lodge, District Judge, Presiding

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

Submitted March 5, 2013 ** Seattle, Washington Before: FERNANDEZ, W. FLETCHER, and RAWLINSON, Circuit Judges.

Appellants Matthew Van Lith and Kailey Doan, who were convicted of marijuana possession at an Idaho campground, challenge the district court’s denial of their motions to suppress.

The district court properly denied the motions to suppress because, under the totality of circumstances, the Bureau of Land Management ranger “had a particularized and objective basis for suspecting” that Van Lith and Doan were engaged in criminal activity. United States v. Basher, 629 F.3d 1161, 1165 (9th Cir. 2011) (citation omitted).

AFFIRMED.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

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