Gaines

United States v. Gaines

Good Law
200 F. App'x 707
United States Court of Appeals for the Ninth CircuitSeptember 5, 2006No. 05-30333California3,172 words

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.

I. Gaines’s Challenge to Lineup Identifications

Gaines first argues that, because of…

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