683 F.3d 697
6th Cir.2012Background
- Collins, a felon, was passenger in a Jeep stopped for speeding; gun found during a Jeep search after consent by Whisnant.
- Police observed Collins making a furtive gesture; Whisnant consented to search after officer advised he could search as driver.
- Gun located under front passenger seat; both men denied knowledge of it; Collins stated he would take the charge.
- Investigator Kemper later obtained a written statement from Collins admitting the gun belonged to him.
- Collins pleaded guilty to § 922(g); sentencing involved ACCA status and a potential § 3E1.1(b) reduction for acceptance of responsibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of suppression appeal | Collins waived by conceding detention reasonable at suppression | Detention was unlawful; Whisnant’s consent invalid | Waiver barred review; suppression issue not reviewed |
| Voluntariness of Whisnant's consent | Consent was coerced by subtle factors | Consent was voluntary despite factors raised | District court not clearly erroneous; consent voluntary |
| Miranda and the pre-Miranda statement | Pre-Miranda statement tainted later statements | Interrogation or coercion occurred | Pre-Miranda statement not elicited by interrogation; later statements admissible |
| Armed Career Criminal Act and Begay Hill posture | Convictions count; Begay does not overrule Hill | Begay implicitly overruled Hill | Hill controls; Begay did not overrule Hill; ACCA prediction upheld |
| § 3E1.1(b) withholding motion not arbitrary | Motion not filed due to trial preparation needs | Reason arbitrary or unconstitutional motive | Upheld district court; withholding was rationally related to resource allocation and avoiding trial preparation |
Key Cases Cited
- United States v. Olano, 507 U.S. 725 (U.S. 1993) (waiver requires intentional relinquishment of known right)
- United States v. Denkins, 367 F.3d 537 (6th Cir. 2004) (abandonment of suppression argument waives appeal)
- United States v. Sheppard, 149 F.3d 458 (6th Cir. 1998) (withdrawal of suppression point results in reviewability loss)
- United States v. Crowder, 62 F.3d 782 (6th Cir. 1995) (voluntariness of consent assessed under totality of circumstances)
- United States v. Calhoun, 49 F.3d 231 (6th Cir. 1995) (clear error standard for voluntariness of consent)
- United States v. Beauchamp, 659 F.3d 560 (6th Cir. 2011) (Beauchamp on voluntariness of consent and totality of circumstances)
- Rhode Island v. Innis, 446 U.S. 291 (U.S. 1980) (interrogation includes words or actions reasonably likely to elicit a response)
- United States v. Payne, 954 F.2d 199 (4th Cir. 1992) (clarifies that custodial statements after Innis are interrogation-based)
- United States v. Cole, 315 F.3d 633 (6th Cir. 2003) (Miranda requires warnings before interrogation; volunteered statements are exception)
- Divens, 650 F.3d 343 (4th Cir. 2011) (government must show trial-avoidance rationale for § 3E1.1(b) motion)
- United States v. Johnson, 581 F.3d 994 (9th Cir. 2009) (PROTECT Act enables consideration of resources; no automatic denial of motion)
- United States v. Lee, 653 F.3d 170 (2d Cir. 2011) (withholding § 3E1.1(b) must align with resource-allocation goals)
- United States v. Beatty, 538 F.3d 8 (1st Cir. 2008) (recognizes broader government interests beyond avoiding trial prep)
- United States v. Blanco, 466 F.3d 916 (10th Cir. 2006) (economic/resource considerations justify withholding § 3E1.1(b) motion)
- United States v. Hill, 440 F.3d 292 (6th Cir. 2006) (consideration of ACCA convictions timing)
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (begay did not implicitly overrule Hill)
- United States v. Paige, 634 F.3d 871 (6th Cir. 2011) (Begay does not overthrow Hill)