DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
102747P.pdf 09/01/2011 United States v. Patricia Brown
U.S. Court of Appeals Case No: 10-2747
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Loken, Author, with Beam and Gruender, Circuit Judges]
Criminal case - Criminal law. The victim age provisions of 18 U.S.C.
Sec. 3559(f) are sentencing factors, not elements of the offense, and the
district court did not commit plain error in imposing the minimum thirty-
year sentence for second degree murder of a child under the age of 18
mandated by the statute; district court did not err in denying motion to
suppress brass knuckles and a knife seized from defendant's vehicle as the
officer saw them through the car's window, and the illegal and
incriminating nature of the items was immediately apparent, giving the
officer probable cause to enter the vehicle without a warrant and seize the
weapons; no error in denying motion to sever murder and assault charges.