United States v. Michael Lyons

JOHN P. MOORE, Circuit Judge.

Michael Lyons entered a conditional plea of guilty to a charge of possession of marijuana with intent to distribute. He appeals on issues related to the seizure of the substance which led to the conviction. The only matter we consider is whether the finding of the magistrate judge, subsequently adopted by the district court, that the stop of defendant’s truck was not pretextual is erroneous. Concluding that it is, we reverse and remand.

While on routine patrol with another officer on 1-15 in Juab County, Utah, Sergeant Paul Mangelson of the Utah Highway Patrol was…