United States v. Binford, No. 14-1635 (6th Cir. 2016)
Annotate this CaseBinford, convicted as a felon in possession of a firearm, 18 U.S.C. 922(g)(1), and of possessing with intent to distribute marijuana, 21 U.S.C. 841(a)(1) and 841(b)(1)(D), was given an enhanced sentence of 180 months’ imprisonment. After the Supreme Court held that the residual clause of the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1) was unconstitutionally vague, Binford appealed, arguing that his sentencing-guidelines range was substantially increased based on an identical provision in the Sentencing Guidelines that is also void. The Sixth CIrcuit affirmed Binford’s convictions, but vacated his sentence, and remanded for reconsideration in light of the Supreme Court’s 2015 decision in Johnson v. United States. The court upheld denial of a motion to suppress evidence and incriminating statements under the exclusionary rule. An interrogation on Binford, in his bathroom while the search was in progress, lasted a short time and was not prolonged or repeated. While Binford said he was scared, he did not say he was scared into making the statements. An officer’s statement that he could help Binford if he cooperated did not amount to the level of police coercion required to suppress the statements. Binford knowingly and intelligently waived his Miranda rights.
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