United States v. Vinton
2011 U.S. App. LEXIS 169
| 8th Cir. | 2011Background
- Police investigate burglary of a home and gun safe containing four firearms; David Lee identified as a suspect.
- Vinton's house is identified as Lee's last known location; officers go to Vinton's home and obtain permission to search.
- Officers enter, locate the gun safe and three firearms upstairs, a sawed-off shotgun, and ammunition; Vinton is arrested.
- Vinton waives Miranda, is interviewed at the station, and makes incriminating statements.
- Vinton pleads guilty to two firearms offenses; district court sentences him to 84 months within the advisory range.
- Vinton challenges suppression rulings and the sentence on appeal; court reviews de novo and for abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pre-arrest statements were involuntary | Vinton argues custodial interrogation without warnings. | Vinton contends statements were involuntary. | Not in custody; statements voluntary. |
| Whether consent to search was voluntary | Consent obtained without coercion, to search for Lee and weapons. | Consent valid; no coercive conduct. | Consent voluntary; searches permissible. |
| Whether Miranda waiver at station was valid | Waiver was not knowing or intelligent due to mental capacity concerns. | Waiver valid given total circumstances and prior lawfulness. | Waiver voluntary, knowing, and intelligent. |
| Whether Vinton's prior Missouri conviction is a crime of violence for sentencing | Prior conviction enhances base offense level under USSG 2K2.1(a)(3). | Statutory basis and record do not show a qualifying crime. | Conviction qualifies as a crime of violence; applies enhancement. |
| Whether the sentence is procedurally or substantively reasonable | Sentence within advisory range; argument of error is unfounded. | Judicial reasoning or range might be flawed; seek remand. | No procedural errors; sentence reasonableness affirmed. |
Key Cases Cited
- Beheler, 463 U.S. 1121 (1983) (custody for custody analysis; Beheler standard applied)
- Czichray, 378 F.3d 822 (8th Cir. 2004) (noncustodial setting supports voluntariness)
- Axsom, 289 F.3d 496 (8th Cir. 2002) (de novo custody analysis; factual findings reviewed for clear error)
- Sutera, 933 F.2d 641 (8th Cir. 1991) (informant credibility; context of interrogation)
- Schneckloth v. Bustamonte, 412 U.S. 218 (1973) (voluntariness of consent; totality of circumstances)
- Moran v. Burbine, 475 U.S. 412 (1986) (twofold Miranda waiver inquiry)
- Shepard v. United States, 544 U.S. 13 (2005) (modified categorical approach for overinclusive statutes)
- Johnson v. United States, 130 S. Ct. 1271 (2010) (definitions of physical force for 4B1.2(a)(1))
- United States v. Williams, 627 F.3d 324 (8th Cir. 2010) (treats 4B1.2(a) and ACCA similarity)
- United States v. Furqueron, 605 F.3d 612 (8th Cir. 2010) (modified categorical approach in predicate offenses)
- United States v. Salean, 583 F.3d 1059 (8th Cir. 2009) (Alford plea treated as conviction for § 2K2.1(a)(3))
- United States v. Alston, 611 F.3d 219 (4th Cir. 2010) (limitations of Alford plea in ACCA context; contrasted)
- Feemster, 572 F.3d 455 (8th Cir. 2009) (sentencing procedure; 18 U.S.C. § 3553(a) factors)
- Rita v. United States, 551 U.S. 338 (2007) (presumption of reasonableness for within-guidelines sentences)