United States v. Sanchez
676 F.3d 627
| 8th Cir. | 2012Background
- Sanchez was convicted of witness tampering under 18 U.S.C. §1512(b)(1)-(2)(A) after a two-day trial.
- At sentencing, the district court applied an eight-level Guideline enhancement for threatening physical injury to a person to obstruct justice.
- On Sept. 8, 2010, Sanchez threatened Roberto Garcia and his family at a gas station; Garcia’s wife was a cooperating witness against Sanchez’s children.
- On Sept. 9 in a courthouse interview room, DEA agents questioned Sanchez about the gas-station incident without Miranda warnings; the interview lasted 10–15 minutes and she was not arrested.
- Sanchez moved to suppress the Sept. 9 statements as a custodial interrogation requiring Miranda; the district court denied, finding the interrogation noncustodial under Griffin and related factors.
- The district court ultimately sentenced Sanchez to 24 months in prison and 2 years of supervised release after declining to follow a strict application of the eight-level enhancement; Sanchez appeals suppression and enhancement rulings, which this court affirms in full.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Sept. 9 interview was custodial requiring Miranda warnings | Sanchez argues custodial interrogation; no Miranda warnings were given | United States contends the Griffin factors show noncustody | No custodian; Miranda not required |
| Whether the eight-level enhancement for threatening physical injury was proper | Sanchez asserts statements were not threats but empathetic persuasion | Enhancement warranted based on threats to cause physical harm to obstruct justice | Eight-level enhancement upheld |
Key Cases Cited
- United States v. Griffin, 922 F.2d 1349 (8th Cir. 1990) (Six-factor custody test for Miranda applicability)
- United States v. Aldridge, 664 F.3d 705 (8th Cir. 2011) (Totality of circumstances; whether a reasonable person would feel free to end interview)
- United States v. Ollie, 442 F.3d 1135 (8th Cir. 2006) (Factors for custody in noncustodial setting with limited movement evidence)
- United States v. Hernandez-Mendoza, 600 F.3d 971 (8th Cir. 2010) (Interrogation defined by express questioning or functional equivalent)
- United States v. LeBrun, 363 F.3d 715 (8th Cir. 2004) (Coercive aspects of interrogation considered noncoercive if not restricting departure rights)
- United States v. Galceran, 301 F.3d 927 (8th Cir. 2002) (Lack of arrest important factor in custody analysis)
- United States v. Grap, 368 F.3d 824 (8th Cir. 2004) (Guideline enhancement applies where third party conveys threats; distinguishes threats of physical injury)