Un-Mirandized Confessions Admissible; Sentencing Enhancements for Vulnerable Victim, Abuse of Position of Trust as "Medicine Man" Upheld
United States v. Chee, No. 07-4057 (10th Cir. 1/29/08) (published): The defendant, convicted of one count of aggravated sexual abuse while in Indian Country and sentenced to 235 months' imprisonment, followed by lifetime supervised release, appealed the district court's denial of his motion to suppress his oral and written confessions, and his sentence. The Court affirmed. Mr. Chee is a Navajo "medicine man" who performs traditional healing ceremonies. On three occasions, Mr. Chee had performed healing ceremonies for Ms. Perry, a 28-year-old woman with significant physical and mental disabilities, at her home at the request of Mr. Perry's grandmother, with whom Ms. Perry lived. Mr. Chee was asked to perform another ceremony. On the day requested, he went to the house. No one was home except Ms. Perry. Mr. Chee entered through an unlocked door, went to Ms. Perry's room where she was sleeping, woke her, and assaulted her. She told her grandfather that evening, who confronted Mr. Chee when he returned to the house. Mr. Chee said he was sorry several times and left. Later, Mr. Chee told Ms. Perry's grandmother that he had woken Ms. Perry the day before.
The grandparents reported the incident. A medical examination found signs of trauma. An agent tried to contact Mr. Chee to interview him, and ultimately left a business card with Mr. Chee's daughter, telling her that he wanted to talk with Mr. Chee about a gun Mr. Chee had found in a car he had bought at an action months earlier. Mr. Chee called the agent and set up an appointment. Mr. Chee went to the department and was taken into the Blanding police chief's office, rather than a formal interview room. Mr. Chee's wife was asked to stay outside. An investigator from the Navajo Nation Department of Public Safety as well as the federal agent were there. After conversation about the firearm, the agent began asking about the sexual assault on Ms. Perry. Mr. Chee denied it had occurred. The agent lied and said there was DNA evidence although he knew there was not any such evidence. Mr. Chee admitted he had sex with Ms. Perry against her will and, at the agent's suggestion, wrote a letter of apology to Ms. Perry and her grandmother. Mr. Chee was not given his Miranda warnings.
The Court agreed that Mr. Chee was subjected to interrogation. However, it affirmed the district court's denial of the motion to suppress on the grounds that Mr. Chee was not "in custody" because the interview was less than an hour, and because Mr. Chee was told he was free to leave and in fact did leave afterwards. The fact that the topic shifted to the sexual assault did not transform the situation into custody.
The Court also rejected Mr. Chee's challenges to his sentencing. He argued on appeal that the district court failed to make sufficient findings regarding whether Mr. Chee had an extraordinary physical impairment justifying a departure under USSG 5H1.1 and 5H1.4. The Court refused to address the issue because it was not raised before the sentencing court.
He also challenged the sentencing enhancements for use of force under 2A3.1, for vulnerable victim under 3A1.1, and abusing a position of trust as a medicine man under 3B1.3. The Court of Appeals found that all three enhancements were warranted.
The grandparents reported the incident. A medical examination found signs of trauma. An agent tried to contact Mr. Chee to interview him, and ultimately left a business card with Mr. Chee's daughter, telling her that he wanted to talk with Mr. Chee about a gun Mr. Chee had found in a car he had bought at an action months earlier. Mr. Chee called the agent and set up an appointment. Mr. Chee went to the department and was taken into the Blanding police chief's office, rather than a formal interview room. Mr. Chee's wife was asked to stay outside. An investigator from the Navajo Nation Department of Public Safety as well as the federal agent were there. After conversation about the firearm, the agent began asking about the sexual assault on Ms. Perry. Mr. Chee denied it had occurred. The agent lied and said there was DNA evidence although he knew there was not any such evidence. Mr. Chee admitted he had sex with Ms. Perry against her will and, at the agent's suggestion, wrote a letter of apology to Ms. Perry and her grandmother. Mr. Chee was not given his Miranda warnings.
The Court agreed that Mr. Chee was subjected to interrogation. However, it affirmed the district court's denial of the motion to suppress on the grounds that Mr. Chee was not "in custody" because the interview was less than an hour, and because Mr. Chee was told he was free to leave and in fact did leave afterwards. The fact that the topic shifted to the sexual assault did not transform the situation into custody.
The Court also rejected Mr. Chee's challenges to his sentencing. He argued on appeal that the district court failed to make sufficient findings regarding whether Mr. Chee had an extraordinary physical impairment justifying a departure under USSG 5H1.1 and 5H1.4. The Court refused to address the issue because it was not raised before the sentencing court.
He also challenged the sentencing enhancements for use of force under 2A3.1, for vulnerable victim under 3A1.1, and abusing a position of trust as a medicine man under 3B1.3. The Court of Appeals found that all three enhancements were warranted.
posted by Anonymous at 4:43 PM
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