United States v. Samson
20-20228
| 5th Cir. | Jul 8, 2021Background
- Fred Samson was convicted by a jury of two counts of theft of Government property (Social Security retirement benefits) totaling over $1,000 and sentenced within the Guidelines to 15 months' imprisonment and three years' supervised release.
- Samson proceeded pro se on appeal and thus received liberal construction of his briefs.
- He challenged the admission of his written and verbal statements to SSA investigators as Miranda violations.
- He asserted the Government suppressed exculpatory evidence (Brady), raised ineffective-assistance claims, and challenged the reasonableness of his sentence and the court’s handling of allocution.
- Samson also appealed an order requiring reimbursement to the Criminal Justice Act Fund but did not press that issue on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression / Miranda | Statements admissible; no Miranda error | Statements taken in violation of Miranda | No plain error; totality shows Samson was not in custody, so Miranda not required |
| Brady / suppressed evidence | No showing of suppressed material evidence | Gov’t withheld evidence that would show innocence | Abandoned: Samson failed to identify specific evidence or materiality |
| Ineffective assistance of counsel | Claims not raised below; record insufficient | Counsel provided ineffective assistance on multiple grounds | Not reached on direct appeal; may be raised on collateral review |
| Sentence reasonableness | Within-Guidelines sentence is presumptively reasonable | Sentence was substantively unreasonable | Affirmed: district court did not abuse discretion or misapply §3553(a) factors |
| Right of allocution | Court afforded opportunity to speak | Court interfered with allocution | No plain error; Samson spoke and requested leniency |
Key Cases Cited
- Yohey v. Collins, 985 F.2d 222 (5th Cir. 1993) (pro se briefs entitled to liberal construction but issues must be briefed)
- United States v. Vasquez, 899 F.3d 363 (5th Cir. 2018) (plain-error standard for unpreserved Miranda claims)
- United States v. Wright, 777 F.3d 769 (5th Cir. 2015) (custody analysis for Miranda under totality of circumstances)
- United States v. Edwards, 442 F.3d 258 (5th Cir. 2006) (Brady materiality and specificity requirements)
- United States v. Tomblin, 46 F.3d 1369 (5th Cir. 1995) (abandonment of issues not briefed)
- United States v. Isgar, 739 F.3d 829 (5th Cir. 2014) (ineffective-assistance claims typically resolved on collateral review when record insufficient)
- United States v. Candia, 454 F.3d 468 (5th Cir. 2006) (presumption of reasonableness for within-Guidelines sentences)
- United States v. Reyna, 358 F.3d 344 (5th Cir. 2004) (plain-error review for allocution not raised below)