Académique Documents
Professionnel Documents
Culture Documents
No. 99-4583
COUNSEL
ARGUED: Mary Elizabeth Euler, CLONINGER, LINDSAY, HENSLEY, SEARSON & ARCURI, P.L.L.C., Asheville, North Carolina,
for Appellant. Douglas Scott Broyles, OFFICE OF THE UNITED
STATES ATTORNEY, Charlotte, North Carolina, for Appellee. ON
BRIEF: Stephen P. Lindsay, CLONINGER, LINDSAY, HENSLEY,
SEARSON & ARCURI, P.L.L.C., Asheville, North Carolina, for
Appellant. Mark T. Calloway, United States Attorney, Brian Lee
OPINION
PER CURIAM:
Lloyd Anthonie Williams was convicted of unlawful possession of
a firearm. See 18 U.S.C.A. 922(g)(1) (West 2000). Williams
appeals, challenging his conviction and sentence. We affirm the conviction, vacate the sentence, and remand for resentencing.
I.
Deputy Sheriff Ronald Kreech made a routine traffic stop of a car
driven by Williams. As Kreech was informing police dispatch of the
stop, he saw Williams, who was seated in the car with the door open,
lean down, reach under the seat, and then "make a flipping motion."
J.A. 61. Kreech approached the car and saw a small silver pistol on
the floor of the car on the passenger side. After another officer seized
the gun and learned that it was stolen, Kreech arrested Williams. As
he was being handcuffed, Williams volunteered that he bought the
gun from a thirteen-year-old child and that "he should be given a
medal" because the "kid didnt know how to handle a gun . . . [and]
could have hurt somebody." J.A. 63-64.
Williams, a convicted felon, went to trial on a single count of
unlawful possession of a firearm. Prior to trial, the government filed
an information stating that Williams had three prior convictions for
violent felonies or serious drug offenses and that the government
would seek an enhanced sentence under 18 U.S.C.A. 924(e) (West
2000), the Armed Career Criminals Act. The jury convicted Williams,
and the district court imposed a sentence of life imprisonment.
II.
In his only challenge to his conviction, Williams contends that the
district court erred by denying his motion to suppress the statement
about the gun that Williams made to Deputy Kreech when he was
arrested. When reviewing the denial of a motion to suppress, we
review the district courts factual findings for clear error and its legal
conclusions de novo. See United States v. Raymond, 152 F.3d 309,
311 (4th Cir. 1998).
At trial, Williams sought to suppress his statement on the grounds
that he had not been given Miranda1 warnings before making the
statement. The district court denied the motion, concluding that the
statement was voluntarily made and was not the product of custodial
interrogation. On appeal, Williams argues that because he had been
arrested and placed in handcuffs before he made his statement, the situation was the functional equivalent of a custodial interrogation, and
the absence of the Miranda warnings therefore rendered his statement
inadmissible. We disagree.
It is well settled that "[a] person subjected to custodial interrogation
is entitled to the procedural safeguards prescribed by Miranda, and
therefore, any statements a suspect makes during custodial interrogation are inadmissible in the prosecutions case in chief unless prior
Miranda warnings have been given." United States v. Leshuk, 65 F.3d
1105, 1108 (4th Cir. 1995). However, it is also well settled that spontaneous or volunteered statements that are not the product of interrogation or its functional equivalent are not barred by Miranda, even if
the defendant is in custody when the statements are made. See Rhode
Island v. Innis, 446 U.S. 291, 299-301 (1980); United States v.
Wright, 991 F.2d 1182, 1186 (4th Cir. 1993).
Although Williams was certainly in custody when he made the
statement, there is no evidence showing that the statement was the
1
To qualify as a predicate "serious drug offense" conviction for purposes of section 924(e), the offense must be one that carries a maximum
term of imprisonment of at least ten years. See 18 U.S.C.A.
924(e)(2)(A). While the presentence report identifies two prior convictions for drug sales, the report shows only that Williams was sentenced
to five years imprisonment on each of those convictions; the report does
not indicate the maximum sentences associated with the convictions.
Accordingly, for the foregoing reasons, we affirm Williamss conviction, but we vacate the sentence and remand for resentencing in
accordance with this opinion.
AFFIRMED IN PART, VACATED IN PART,
AND REMANDED WITH INSTRUCTIONS