Monday, August 04, 2008
Ind. Decisions - 7th Circuit issues 2 Indiana opinions today
In US V. Broadnax (ND Ind., Judge Sharp), a 14-page opinion, Judge Wood writes:
Having concluded that the district court properly found the sentence that the Guidelines recommend for Broadnax’s offense, all that remains for us is to ensure that the court recognized the advisory nature of the Guidelines and took into account the factors set forth in 18 U.S.C. § 3553(a). The record leaves no doubt that the court knew what it was supposed to do. During the sentencing hearing, the court expressly stated that the decision whether to impose consecutive versus concurrent sentences was “my call.” And before making that call, the court thoroughly and on the record addressed the statutory factors as required by § 3553(a), and only thereafter decided that this situation called for Broadnax’s sentences to run consecutively, rather than concurrently. Nothing about this process constituted legal error or an abuse of discretion, and so we reject Broadnax’s challenge to his sentence.In US v. Stewart (SD Ind., Judge Young), a 15-page opinion, Judge Sykes writes:
III. The judgment of the district court is AFFIRMED.
We affirm. Whether the interrogating officer deliberately withheld Miranda warnings as part of a two-step interrogation process designed to elicit an unwarned confession is a question of fact that we review for clear error. The district court’s supplemental findings were not clearly erroneous, and therefore the admission of Stewart’s postwarning confession was not improper under Seibert. We also agree with the district court that the inculpatory statement Stewart made before being Mirandized was voluntary. Accordingly, although inadmissible (and not admitted) at trial, Stewart’s unwarned, first statement did not affect the admissibility of his second, fully warned and voluntary confession. See Oregon v. Elstad, 470 U.S. 298, 314 (1985).
Posted by Marcia Oddi on August 4, 2008 03:02 PM
Posted to Ind. (7th Cir.) Decisions