United States v. Brown, 2011 U.S. App. LEXIS 18217

Patricia Brown was convicted of second-degree murder for Timbear’s stabbing and assault with a dangerous weapon for FJW’s stabbing on the Red Lake Reservation.
The district court imposed concurrent sentences of 30 years (murder) and 10 years (assault) under 18 U.S.C. § 3559(f) for a victim under 18.
Brown challenged the § 3559(f) sentencing as mischaracterized as a factor rather than an element requiring jury findings.
The government argued § 3559(f) is a sentencing provision applying to convicts, not an element to be charged or proved to a jury.
Brown also challenged suppression of physical evidence (knife and brass knuckles) found in her vehicle as plain view during a warrantless search.
The district court denied the suppression motion; the court also denied Brown’s motions to sever the murder and assault counts, which Brown appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether victim age under § 3559(f) is an element or a sentencing factor.	Brown argues ages are elements that must be proven to a jury.	Brown contends age is an element that increases maximums under Apprendi.	Age is a sentencing factor; no plain error in imposing minimums.
Whether the knife and brass knuckles were validly seized under plain-view and automobile exceptions.	Brown asserts lack of legitimate revisit to Lussier property and no plain-view basis.	Government asserts lawful return visit and that items were in plain view and immediately incriminating.	District court properly applied plain-view and automobile exceptions; seizure lawful.
Whether the district court abused its discretion in denying severance of Count 1 from Counts 2-3.	Brown claims prejudice from joinder of murder with assaults.	Joined offenses would have admissible evidence in a severed trial; no severe prejudice.	No abuse of discretion; severance denied.

Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000) (elements vs. sentencing factors; Apprendi constraint on sentencing)
Harris v. United States, 536 U.S. 545 (U.S. 2002) (applies to mandatory minimum sentence; not overruled by Apprendi)
O'Brien, 130 S. Ct. 2169 (U.S. 2010) (distinguishes sentencing factors from elements; plain-error review context)
Tarantola, 332 F.3d 498 (8th Cir. 2003) (plain-view/legitimate access to property at scene)
Martin, 806 F.2d 204 (8th Cir. 1986) (relevance of evidence in related acts; admissibility considerations)
Hatten, 68 F.3d 257 (8th Cir. 1995) (plain-view seizure when incriminating nature apparent)
Bynum, 508 F.3d 1134 (8th Cir. 2007) (viewing through a vehicle window not a search)
Erickson, 610 F.3d 1049 (8th Cir. 2010) (severance/admissibility related to related acts)
Taken Alive, 513 F.3d 899 (8th Cir. 2008) (prejudice standard for severance)
Orozco-Rodriguez, 220 F.3d 940 (8th Cir. 2000) (completes the story/Rule 404(b) admissibility)
Steele, 550 F.3d 693 (8th Cir. 2008) (Rule 404(b) admissibility)