United States v. Roberts

MEMORANDUM *

Defendant Joseph A. Roberts appeals the denial of his motion to suppress and his eighty-one-month sentence. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a)(1). We affirm the denial of the motion to suppress; however, upon agreement of the parties, we vacate Roberts’s sentence and remand for resentencing.

1. Motion to suppress

The district court denied Roberts’s motion to suppress because reasonable suspicion supported the stop of Roberts’s truck and the stop was not impermissibly prolonged. We review de novo the denial of a motion to suppress.1 United States v.…