212469P.pdf   05/23/2023  United States  v.  Tawhyne Patterson, Sr.
   U.S. Court of Appeals Case No:  21-2469
                          and No:  21-2485
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] Erickson, Author, with Benton and Kelly, Circuit Judges] 
   Criminal case - Criminal law and Sentencing. Defendants' challenges to the 
   validity of a search warrant issued in Texas is rejected as the record 
   showed the judge gave the application meaningful consideration and did not 
   rubber stamp it or otherwise abandon his judicial role; the application 
   established probable cause, and a mistake in names was not material; the 
   district court did not abuse its discretion in denying defendant 
   Patterson's motion to conduct a Franks hearing on a Nebraska search 
   warrant application as he failed to show the affidavit in support of the 
   application contained false or reckless statements intended to mislead the 
   issuing judge; nor had he shown that probable cause could not be 
   established without the challenged statements; evidentiary challenges 
   rejected; claim of prosecutorial misconduct during closing arguments 
   rejected; the evidence was sufficient to support defendant Damon's 
   convictions for Hobbs Act robbery; under United States v. Taylor, 142 S. 
   Ct. 2015 (2022), defendants' convictions and sentences for commission of 
   murder with a firearm during a crime of violence, in violation of 18 
   U.S.C. Sec. 924(j)(1) and (2) must be vacated; the evidence was sufficient 
   to show defendants reached an agreement to knowingly possess firearms and 
   forcibly enter a residence to acquire marijuana and money, and the jury's 
   general verdict did not affect their substantial rights; application of 
   the sentencing packaging doctrine was appropriate in this case, and the 
   cases are remanded for resentencing on the remaining counts. Judge Kelly, 
   concurring in part and dissenting in part.