Gaines
United States v. Gaines
Opinion
Lead Opinion
*710 MEMORANDUM ***
A branch of the Key Bank in Auburn, Washington, which was patronized by defendant, Ivy Gaines, was the first and also the final target in a string of robberies of financial institutions in the area. Shortly after the second Key Bank robbery, Gaines was arrested driving the known get-away car and was subsequently identified by multiple witnesses. Search of Gaines’s person, car, and home yielded substantial incriminating evidence, including a gun, identifiable stolen cash and checks, clothing and a loot bag unique to the robber, and stick-up notes in Gaines’s handwriting. Gaines was convicted by a jury of ten counts of bank robbery and eight counts of use of a firearm during commission of a crime of violence; and was sentenced to 595-days’ imprisonment for the former offenses plus 182-years’ imprisonment for the latter. Gaines challenges both his conviction (attacking show-up and line-up witness identifications, Miranda waiver, and prosecutorial conduct) and his sentence (on Eighth Amendment grounds). For the following reasons, we affirm both Gaines’s conviction and sentence.