United States v. Gonzalez

B. FLETCHER, Circuit Judge:

We review this appeal for the second time on remand from the United States Supreme Court. The Court on May 4, 2009 granted certiorari, and vacated and remanded our disposition for further consideration in light of its recent decision in Arizona v. Gant, — U.S. -, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009). We hold that Gant requires that Appellant Ricardo Gonzalez’s motion to suppress be granted and, therefore, Gonzalez’s conviction be reversed.

Gonzalez had previously been convicted of Possession of a Firearm and Ammunition by a Prohibited Person, in violation of 18…