Monroe

United States v. Monroe

Good Law
40 F. App'x 408
United States Court of Appeals for the Ninth CircuitMay 8, 2002No. 00-50035; D.C. No. CR-98-60-AHSCalifornia1,841 words

Opinion

Lead Opinion

*409 MEMORANDUM **

D efendant-App ellant Tran Damone Monroe challenges numerous rulings by the district court in connection with Monroe’s conviction and life sentence for conspiracy, armed robbery, and using and carrying a firearm during a crime of violence. Because the parties are familiar with the facts and procedural history, we do not restate them here except as necessary to explain our disposition.

Monroe argues the following district court rulings were in error: (1) the court failed to grant Monroe’s motion for a five line-up; (2) the court failed to exclude from evidence, or at least sanitize his prior bank robbery conviction; (3) the court failed to suppress evidence based on an illegal detention and arrest; (4) the photo identification procedures used by the police were impermissibly suggestive; (5) the court counted Monroe’s 1985 robbery conviction as a prior strike, even though he was a minor at the time he committed the crime; (6) the court refused to decide the validity of Monroe’s 1985 conviction at the time of sentencing.

A. Motion to Conduct a Live Line-wp

In determining whether to grant Monroe’s motion for a live line-up, the court correctly considered several…

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