United States v. Santiago-Gonzalez, No. 14-1417 (1st Cir. 2016)
Annotate this CaseAn armed assailant entered Banco Popular, covered his face with a mask, and told a teller to fill a bag with money. The teller complied, but added red security dye packs. The robbery was captured by video surveillance equipment. After the assailant left, off-duty Puerto Rico Police Officer Guzman, present during the robbery, tried unsuccessfully attempted to catch the assailant, but saw him remove his mask and get into a dark brown Nissan Pathfinder. Days later, the PRPD Bank Robbery Division received an anonymous tip concerning a different bank robbery involving "Bartolo" and a "brown colored" Nissan Pathfinder. After confirming that Santiago was called Bartolo, officers went to Santiago's address. After being read his Miranda warnings, Santiago stated that he had disposed of the gun, but had money that was damaged by the red stain. After signing consent forms. Santiago led officers to his bedroom and revealed the money. His mother, who owned the Nissan, authorized its search; the seat was stained red. As they were driving to the police station, Santiago, without prompting, stated that he was repentant. He later stated that he wanted to apologize. Officers provided additional Miranda warnings, plus writing tools. Santiago wrote a note asking forgiveness. Guzmán identified Santiago during an in-person lineup. Santiago was convicted of robbery, 18 U.S.C. 2113 (a)(d), and use of a firearm in relation to a crime of violence, 18 U.S.C. 924(c)(1)(A)(ii), and was sentenced to 204 months in prison. The First Circuit rejected challenges to the sufficiency of the evidence and to the reasonableness of the sentence and affirmed without prejudice to Santiago’s right to raise a claim of ineffective assistance of counsel in a post-conviction proceeding.
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