United States v. Sanchez, No. 11-2603 (8th Cir. 2012)
Annotate this CaseDefendant was found guilty of witness tampering when she confronted the husband of a cooperating witness in a federal criminal case against three of defendant's children. Defendant appealed her conviction and sentence. After weighing the factors and looking to the totality of the circumstances, the court agreed with the district court that a reasonable person in defendant's position would have felt free to end the interview with the police, defendant was not in custody during the interview at issue, and Miranda warnings were not required. Because the district court's view of the nature of defendant's remarks was a reasonable one, the eight-level enhancement under U.S.S.G. 2J1.2(b)(1) was appropriate.
Court Description: Criminal case - Criminal law and sentencing. Considering all of the factors and circumstances, a reasonable person in defendant's place would have felt free to end the interview with the police and, as a result, she was not in custody during the interview and Miranda warnings were not required; no error in imposing an enhancement under Guidelines Sec. 2J1.2(b)(1)(B) based on defendant's attempt to intimidate a witness.
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