United States v. French, Jr., No. 12-2542 (8th Cir. 2013)
Annotate this CaseDefendant appealed his conviction and sentence stemming from his robbery of the same bank twice within a sixteen-day period. The court concluded that the district court properly denied defendant's motion to suppress his custodial statement where the Constitution did not mandate electronically recording a defendant's custodial interrogation; the sentence was procedurally reasonable where the district court duly considered the evidence, defendant's arguments, and the 18 U.S.C. 3553(a) sentencing factors in imposing and explaining defendant's sentence; the district court did not err in finding defendant was a threat to society; the district court did not err in applying the first-degree murder cross reference for robbery under U.S.S.G. 2B3.1(c)(1) and 2A1.1(a); and the sentence was substantively reasonable considering the serious nature and circumstances of defendant's crimes. Accordingly, the court affirmed the judgment.
Court Description: Criminal case - Criminal law and sentencing. The Constitution does not mandate electronic recording of a defendant's custodial interrogation, and admission of his statement does not violate his Fifth Amendment rights; district court duly considered the evidence, defendant's arguments and the 3553(a) factors in imposing and explaining defendant's sentence; district court did not err in finding defendant was a threat to society; no error in applying the first-degree murder cross-reference in the sentencing Guideline for robbery where the court found a bank guard died of complications related to the gun shot wound defendant inflicted during the bank robbery; the imposition of consecutive sentences was not substantively unreasonable under the tragic and calloused circumstances of defendant's crimes.
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