United States of America v. Ramiro Astello

241 F.3d 965, 2001 U.S. App. LEXIS 3332, 2001 WL 209861
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 5, 2001
Docket99-2443
StatusPublished
Cited by33 cases

This text of 241 F.3d 965 (United States of America v. Ramiro Astello) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States of America v. Ramiro Astello, 241 F.3d 965, 2001 U.S. App. LEXIS 3332, 2001 WL 209861 (8th Cir. 2001).

Opinions

JOHN R. GIBSON, Circuit Judge.

Ramiro Astello appeals the district court’s 2 deniál of his motion to suppress two statements he made to the police in conjunction with an investigation of the kidnapping and murder of Sky Erickson. The statements were admitted at trial, and the jury convicted Astello of kidnapping, conspiracy to commit kidnapping, and use of a firearm in relationship to a crime of violence, in violation of 18 U.S.C. §§ 1201(a), 1201(c), and 924(c) (1994 & Supp. IV 1998). Astello received a mandatory life sentence. We affirm.

On June 6, 1997, Erickson was taken from Iowa to an abandoned Minnesota farmhouse, where he was shot and killed. After an investigation and pursuant to a warrant, the police arrested Astello at his home in Estherville, Iowa on June 19. An Estherville officer took Astello to the Em-met County Sheriff Chief Deputy’s office. At the office, FBI agent Robert Birnie and Minnesota agent Don Enger informed As-tello of his Miranda rights.3 Astello signed a waiver-of-rights form at approximately 6:45 p.m.

During the questioning, the agents informed Astello that he had been arrested for kidnapping that resulted in death and that the penalty for the crime in Iowa was life in prison with no chance of parole. They also told him that he could be charged under Minnesota or federal law for the same crime. At first, Astello denied that he was involved in the kidnapping and murder. Less than an hour after the interrogation began, Astello began telling the agents what happened the night of the kidnapping. The interrogation concluded at 9:26 p.m.

Later that night, Astello asked to see the two agents again. He met with them on June 20 and supplemented his earlier statement with additional details of Erickson’s kidnapping and death.

Before trial, Astello moved to suppress the two statements as involuntary. The district court referred the motion to a magistrate judge, who found that the first statement was involuntary but that the second was not. The district court rejected the magistrate’s finding that the June 19 statement was coerced, held that both statements were voluntary, and denied As-tello’s motion to suppress. Astello appeals, arguing that the agents coeí-eed his first statement and that this tainted his second statement.

We review the district court’s ultimate determination of voluntariness de novo, but we review the factual findings underlying that determination for clear error. United States v. Otters, 197 F.3d 316, 317 (8th Cir.1999). The government must prove by a preponderance of the evidence that the challenged statements were voluntary. Lego v. Twomey, 404 U.S. 477, 489, 92 S.Ct. 619, 30 L.Ed.2d 618 (1972).

It is undisputed that Astello received the Miranda warnings and waived his rights at the beginning of the June 19 interrogation: “[C]ases in which a defendant can make a colorable argument that a self-incriminating statement was ‘compelled’ despite the fact that the law enforcement authorities adhered to the dictates of Miranda are rare.” Berkemer v. McCarty, 468 U.S. 420, 433, 104 S.Ct. 3138, 82 L.Ed.2d 317 n.20 (1984).

[967]*967To determine whether this is one of those rare cases, we consider the totality of the circumstances surrounding Astello’s confession, focusing on both the conduct of the agents and Astello’s capacity to resist pressure to confess. See United States v. Kilgore, 58 F.3d 350, 353 (8th Cir.1995). “The appropriate test for determining the voluntariness of a confession is whether the confession was extracted by threats, violence, or direct or implied promises, such that the defendant’s will was overborne and his capacity for self-determination critically impaired.” Id. (internal quotations and citation omitted).

In support of his argument that his June 19 statement was involuntary, Astello relies most heavily on the fact that he was not allowed to see his mother. During the interrogation, Astello, who was eighteen years old, asked to see his mother: “Well, if you give me a last chance to talk to my mom at least right now before I say anything, cuz I think I’ll just stick with the truth then.” After several more minutes of discussion between Astello and the agents, Astello repeated his request: “I want to talk to my mom first. Then I’ll talk. Yeah, I was involved in it, that’s all. You wanna hear that? I was involved in it.... I know what went on and everything about it. I told you I need to talk to my mom first.” When Enger asked what he wanted to talk to his mother about, Astello responded, “Just to tell her I’m— what’s goin’ on.” Enger then told Astello that he could talk to his mother after he told them what happened, and Astello agreed. While Astello may have been seeking guidance, Ms words indicate that he asked to see his mother after he had decided to confess. After considering all the circumstances, we hold that the agents’ failure to allow Astello to speak to his mother does not render his statement involuntary. Cf. United States ex rel. Riley v. Franzen, 653 F.2d 1153, 1160-62 (7th Cir.1981) (adopting a case-by-case approach to determine whether denial of a juvenile’s request for a parent renders a confession inadmissible); Rone v. Wyrick, 764 F.2d 532, 535 (8th Cir.1985) (parental presence not mandatory tor juvenile’s confession to be admissible in federal court).

Astello also alleges that the agents improperly used several tactics to coerce him to confess. He argues that they placed time constraints on his decision whether to talk to them, thus subjecting him to psychological pressure; they made false promises; and they played on his emotions and used his respect for his family against him. Obviously, interrogation of a suspect will involve some pressure because its purpose is to elicit a confession. In order to obtain the desired result, interrogators use a laundry list of tactics. See Richard A. Leo, Inside the Interrogation Room, 86 J.Crim. L. & Criminology 266, 278 (1996). “Numerous cases have held that questioning tactics such as a raised voice, deception, or a sympathetic attitude on the part of the interrogator will not render a confession involuntary unless the overall impact of the interrogation caused the defendant’s will to be overborne.” Jenner v. Smith, 982 F.2d 329, 334 (8th Cir.1993).

Here, the agents used a train analogy, telling Astello that the train was leaving the station and those who told the truth would be on the train while those left behind at the station would be charged with the crime. They said that the train was getting crowded, and that those who were on the train would testify against him. Certainly, these statements may have influenced Astello’s decision to tell the truth.

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Cite This Page — Counsel Stack

Bluebook (online)
241 F.3d 965, 2001 U.S. App. LEXIS 3332, 2001 WL 209861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-of-america-v-ramiro-astello-ca8-2001.