United States v. Thomas Edward Baye

103 F.3d 141 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Thomas Edward BAYE, Defendant-Appellant. No. 95-50558. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1996. Decided Nov. 18, 1996. 1 Before: BROWNING, THOMPSON and THOMAS, Circuit Judges 2 MEMORANDUM * 3 Fearing reprisals from the Aryan Brotherhood, Defendant Thomas Baye contends he was left with no legal alternative but to rob a bank at gunpoint so he could be committed to the safety of federal prison. Now he appeals his conviction, complaining of a warrantless search, restriction of his necessity defense, and an improper imposition of a mandatory sentence. We reject these arguments and affirm. 4 The district court correctly found that exigent circumstances permitted officers to enter Baye's motel room. They knew Baye was an armed suspect who had committed a bank robbery during the previous two hours. They knew he had a reasonable…