Monday, November 2, 2009
A little something about everything
In United States v. Tate (Oct. 30, 2009, Carnes, Fay, and 9th Circuit visitor Alarcon), the Court addressed issues involving probable cause to search, the proper way to preserve a Batson challenge, and sufficiency of the evidence. It also concluded that Segarra -- which rejected the argument that section 924(c)'s "except" clause "means that if [a defendant's] mandatory minimum sentence for the drug offenses is greater than the mandatory minimum for the firearm offense, the two sentences cannot run consecutively" -- applies to a crime of violence, like bank robbery. (Note that Segarra rejects the Second Circuit's view and sides with every other circuit to have decided the issue.) Finally, the Court rejected Tate's substantive reasonableness challenge to his sentence.