Legal Opinion

United States v. Daniels

Court of Appeals for the Ninth Circuit

Decided August 28, 2008No. 07-10439Published

1Opinion of the Court

MEMORANDUM **

Dionta D. Daniels appeals the denial of his motion to suppress a firearm following the entry of a conditional guilty plea to being a felon in possession of a firearm, a violation of 18 U.S.C. § 922(g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

The district court’s crediting of Officer Baptista’s testimony was not clearly erroneous. Although other witnesses’ testimony contradicted Officer Baptista’s, the district court’s decision to credit Officer Baptista was plausible in light of the record viewed in its entirety; therefore, we may not reverse. Phoenix…

2Cases cited5 opinions

  1. United States v. BagleySupreme Court of the United States · 1985
  2. Phoenix Engineering and Supply Inc. v. Universal Electric Company, Inc.Court of Appeals for the Ninth Circuit · 1997
  3. United States v. Curtis Ray HowardCourt of Appeals for the Ninth Circuit · 2006
  4. United States v. Brumel-AlvarezCourt of Appeals for the Ninth Circuit · 1992
  5. United States v. MayerCourt of Appeals for the Ninth Circuit · 2008

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API