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Showing posts from December, 2014

Passenger has no expectation of privacy in a car that isn’t his and in which he is not present when car is seized and searched. For a 924(c) count, indictment does not necessarily have to allege that a gun was possessed “in furtherance of” a crime of violence. Even after Alleyne, prior convictions that trigger mandatory minimums do not have to be proven to a jury beyond a reasonable doubt. Within guideline sentence did not violate 8th Amendment.

United States v.Burnett, 14-1288, 2014 WL 6463173 (3d Cir. Dec. 2, 2014).
After an unsuccessful motion to suppress, Burnett went to trial and was convicted of robbing a jewelry store at gunpoint.At sentencing, the district court found that ACCA applied and that the career offender guidelines applied and sentenced Burnett to a total of 288 months, a within guideline sentence.The Third Circuit addressed several issues on appeal:

·Burnett’s motion to suppress was properly denied because Burnett lacked standing to challenge the search.Burnett was the passenger in a getaway car.He and the driver abandoned the car on the street and fled.The police found the car, got a search warrant, and found evidence of the robbery in the car.The Court held that Burnett, who did not own the car and who left it before the police seized it, had no standing to challenge the search of the car because he had no privacy interest in the car.REMEMBER, under Brendlin v. California, 551 US 249 (2007), passengers of …