United States v. Snyder, 865 F.3d 490

Background

Paige Mars (19) drove the getaway car in an April 3, 2015 Circle K robbery in Decatur, Illinois; two men (Snyder and Higgins‑Vogt) committed the robbery and carried shotguns.
After the robbery Snyder and Mars communicated; Snyder grew suspicious Mars might talk to police and discussed “smoking” her; he conferred with Higgins‑Vogt.
Higgins‑Vogt lured Mars to the sanitation district on April 5; she was found the next day shot five times at close range. Snyder was not the triggerman but was implicated as a conspirator.
Federal authorities charged Snyder with Hobbs Act robbery (18 U.S.C. §1951), brandishing a firearm during a crime of violence (18 U.S.C. §924(c)), felon in possession (18 U.S.C. §922(g)), and conspiracy to kill a federal witness (18 U.S.C. §1512(k)). He pled guilty to the robbery-related counts and was tried on §1512 conspiracy. A jury convicted Snyder on §1512.
The district court denied a Rule 29 acquittal motion, finding a reasonable likelihood Mars would have communicated with federal officers because of FBI‑Decatur Police collaboration; Snyder received multiple life sentences (including mandatory life under §1512 and a consecutive life under §924(c)).
On appeal the Seventh Circuit held the government failed to prove the Fowler "reasonable likelihood" federal‑nexus required for §1512, reversed Snyder’s §1512 conviction and vacated its mandatory life sentence, but affirmed the remaining sentences including the consecutive life on the §924(c) count.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence showed a "reasonable likelihood" the victim would have communicated with a federal officer (Fowler federal‑nexus)	Government: federal nature of offenses and local FBI assistance to Decatur PD made it reasonably likely Mars would have communicated with a federal officer	Snyder: evidence shows only state/local investigation; mere possibility or overlap with federal offenses is insufficient under Fowler	Reversed §1512 conviction — government failed to show reasonable likelihood of federal communication
Whether underlying robbery would likely have been prosecuted in federal court	Government: offenses could be charged federally; examples of other federal prosecutions support federal nexus	Snyder: robberies of this type are rarely federally prosecuted; showing federal‑statutory viability is insufficient	Court: mere federal‑statute applicability and a few federal prosecutions insufficient under Fowler
Whether FBI technical assistance to local police establishes witness communication with federal officers	Government: shared office space, task‑force agent, and FBI assistance (cellphone forensics, tattoo ID) made federal communication likely	Snyder: technical/forensic assistance does not show victim would have personally communicated with a federal officer	Court: technical support alone does not establish reasonable likelihood that the eyewitness would have communicated with federal officers
Procedural reasonableness of remaining sentences and guideline challenges	Snyder: guideline errors and large variance render life sentences unreasonable	Government: §3553(a) factors and dangerousness justify sentences; any guideline error was harmless	Court: guideline disputes harmless because court expressly relied on §3553(a); consecutive life under §924(c) not an abuse of discretion given facts

Key Cases Cited

Fowler v. United States, 563 U.S. 668 (2011) (adopts "reasonable likelihood" standard for §1512 federal nexus)
Jackson v. Virginia, 443 U.S. 307 (1979) (standard for appellate review of sufficiency of the evidence)
Booker v. United States, 543 U.S. 220 (2005) (Sentencing Guidelines advisory; §3553(a) discretion)
Gall v. United States, 552 U.S. 38 (2007) (major departures from Guidelines require substantial justification)
United States v. Veliz, 800 F.3d 63 (2d Cir. 2015) (examples of stronger federal nexus sustaining §1512 convictions)
United States v. Lopez, 634 F.3d 948 (7th Cir. 2011) (district court may rely on §3553(a) when guideline issues are technical)