Criminal Law: Search Warrant-Sentencing Package Doctrine

Where defendants in a robbery case challenged the validity of the search warrant issued to search a residence in Texas where they were staying, the challenged was rejected because the judge gave the application meaningful consideration, the application established probable cause, a mistake in names was not material, and the evidence was sufficient to support one of the defendant’s convictions for Hobbs Act robbery, but the convictions and sentences for murder with a firearm during a crime of violence must be vacated, and the case was appropriate for application of the sentencing package doctrine.

Judgment is affirmed in part; reversed in part; vacated and remanded in part.

U.S. v. Patterson (MLW No. 79946/Case No. 21-2469 – 36 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, District of Nebraska, Gerrard, J. (Michael J. Tasset, Oakland, NE and Korey L. Reiman, Lincoln, NE argued for appellants) (Lesley A. Woods, Omaha, NE argued for appellee).