USA V. JAMES WELLS, No. 20-30009 (9th Cir. 2022)
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Two Coast Guard employees were shot and killed at a Coast Guard station on Kodiak Island, Alaska. A jury found that their co-worker, Defendant, had committed the murders. Defendant contends contention that under the Fifth Amendment, statements he made to government investigators should have been suppressed because they were made under the threat of loss of employment.
The Ninth Circuit affirmed Defendant’s convictions, vacated the district court’s restitution order, and remanded for further proceedings. The panel’s independent review of the record confirmed that the investigators did not explicitly threaten Defendant’s job security if he refused to incriminate himself, and Defendant did not argue otherwise. Instead, Defendant advanced a theory of implicit coercion by virtue of an employment manual, and a letter of caution he received after allegedly using a fuel card for his personal vehicle, which, he argued, operated in the background of his interviews to create “an impermissible penalty situation.” The panel held that in the absence of a direct threat of loss of employment, the appropriate framework for the court is to consider both the public employee’s subjective belief and the objective reasonableness of that belief to determine whether the employee’s statements were improperly coerced; it is only when both elements are satisfied that the employee is, under Garrity, entitled to suppression of his statements absent a grant of immunity. The panel vacated the restitution order and remanded for the district court to determine whether each of Defendant’s benefit payment streams constituted “earnings” under Section 1673; if so, the MVRA limited garnishment of those funds to 25%.
Court Description: Criminal Law. The panel affirmed James Wells’s convictions, vacated the district court’s restitution order, and remanded for further proceedings in a case in which Wells, while a Coast Guard employee, shot and killed two co-workers at a Coast Guard station. Wells contended that under the Fifth Amendment and Garrity v. New Jersey, 385 U.S. 493 (1967), statements he made to government investigators should have been suppressed because they were made under threat of loss of employment. The panel’s independent review of the record confirmed that the investigators did not explicitly threaten Wells’s job security if he refused to incriminate himself, and Wells did not argue otherwise. Instead, Wells advanced a theory of implicit coercion by virtue of an employment manual, and a letter of caution he received after allegedly using a fuel card for his personal vehicle, which, he argued, operated in the background of his interviews to create “an impermissible penalty situation.” The panel held that in the absence of a direct threat of loss of employment, the appropriate framework for the court is to consider both the public employee’s subjective belief and the objective reasonableness of that belief to determine UNITED STATES V. WELLS 3 whether the employee’s statements were improperly coerced; it is only when both elements are satisfied that the employee is, under Garrity, entitled to suppression of his statements absent a grant of immunity. The panel rejected Wells’s argument that United States v. Saechao, 418 F.3d 1073 (2005), controls and sets forth a purely objective test. Turning to Wells’s Garrity claim within the proper framework, the panel wrote that the evidence in the record does not suggest that Wells subjectively believed that either the employment manual or the letter of caution required him to answer the investigator’s questions or to waive his immunity from self-incrimination; to the contrary, the interview transcripts reveal Wells’s affirmative intent to cooperate with the investigation in an apparent effort to make it seem that he had nothing to hide. Having concluded that Wells did not establish a subjective belief that he was required to answer the investigators' questions or suffer an employment consequence, the panel did not need to consider whether, if Wells had held such a belief, it would have been objectively reasonable. Thus, Wells was not implicitly coerced to provide his interview statements, and the Fifth Amendment did not prevent the introduction of his statements at trial. In ordering Wells to pay $1,921,640 in restitution pursuant to the Mandatory Victims Restitution Act (MVRA), the district court determined that restitution should be paid using 80% of the monthly payments from his retirement and disability benefits. Wells claimed that under provisions of the Consumer Credit Protection Act, 15 U.S.C. § 1673, that are incorporated into the MVRA, his retirement and disability benefits constitute “earnings,” which cannot be garnished more than 25%. The district court concluded it had discretion under the All Writs Act to 4 UNITED STATES V. WELLS order garnishment of a higher percentage of the monthly payments. The panel held that because the MVRA creates specific statutory requirements for garnishing earnings, the All Writs Act cannot be used to sidestep those requirements. The panel vacated the restitution order and remanded for the district court to determine whether each of Wells’s benefit payment streams constituted “earnings” under § 1673; if so, the MVRA limited garnishment of those funds to 25%. The panel addressed other issues in a concurrently filed memorandum disposition.
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