United States v. Charles Baldwin

60 F.3d 363, 1995 U.S. App. LEXIS 17746, 1995 WL 424484
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 19, 1995
Docket94-1025
StatusPublished
Cited by41 cases

This text of 60 F.3d 363 (United States v. Charles Baldwin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Charles Baldwin, 60 F.3d 363, 1995 U.S. App. LEXIS 17746, 1995 WL 424484 (7th Cir. 1995).

Opinions

POSNER, Chief Judge.

The defendant was convicted of a drug offense and sentenced to 23 years in prison. His only ground for appeal that merits discussion is that inculpatory statements (that he was a habitual user of cocaine and that he routinely carried a gun for protection) that he made to a federal agent who questioned him shortly after he had been arrested should have been suppressed as involuntary. The agent had promised that any cooperation by the defendant would be brought to the prosecutor’s attention. This promise, the defendant argues, rendered his statements involuntary. The district court rejected the argument and allowed the statements into evidence.

The conventional standard for appellate review of determinations of the voluntariness of a statement, which in this circuit was established in United States v. Hawkins, 823 F.2d 1020, 1022 (7th Cir.1987), is the de novo standard. See, e.g., United States v. Cichon, 48 F.3d 269, 275 (7th Cir.1995); United States v. Benitez, 34 F.3d 1489, 1495 (9th Cir.1994); United States v. Burns, 15 F.3d 211, 216 (1st Cir.1994). But beginning with Judge Easterbrook’s concurring opinion in Sotelo v. Indiana State Prison, 850 F.2d 1244, 1253-54 (7th Cir.1988), our cases increasingly have questioned the soundness of the conventional approach. Johnson v. Trigg, 28 F.3d 639, 645 (7th Cir.1994); United States v. Rutledge, 900 F.2d 1127, 1128 (7th Cir.1990); United States v. Wildes, 910 F.2d 1484, 1485 (7th Cir.1990); Wilson v. O’Leary, 895 F.2d 378, 383 (7th Cir.1990). The cases that follow the approach do so on the authority of Miller v. Fenton, 474 U.S. 104, 110, 106 S.Ct. 445, 449, 88 L.Ed.2d 405 (1985), a case that did not involve appellate review of a federal district court’s determination of voluntariness. A habeas corpus case in which a state prisoner was seeking to have the federal district court overturn his conviction on the ground that it rested on a coerced confession, Miller held that 28 U.S.C. § 2254(d), which requires federal courts in habeas corpus proceedings to presume that state courts’ “factual” findings are correct, is inapplicable to the issue of voluntariness. “[T]he ultimate issue of Voluntariness’ is a legal question requiring independent federal review.” 474 U.S. at 110, 106 S.Ct. at 449. This is a different matter from whether a federal court of appeals should review de novo a determination of voluntariness made not by a state judge in a state trial but by a federal district judge in a federal trial. Since the relation between federal and state courts and the relation between federal appellate and federal trial courts are not symmetrical, the two questions need not be answered the same way. Miller is designed to provide a state prisoner with generous federal review of the constitutional question whether he was convicted with the aid of a coerced confession. It has nothing directly and, as it seems to us at any rate, very little indirectly to do with the scope of appellate review of determinations made by federal judges.

[365]*365Whether a particular confession or other statement was “voluntary” or “involuntary” is a classic instance of a “mixed question of fact and law,” that is to say, of the application of a legal standard (that of voluntariness) to “the facts” as a layman would understand them, such as what the agent said to Baldwin, whether it was true, and how much Baldwin knew about how the criminal justice system works. This court, consistent with decisions by the Supreme Court, McDermott Int'l Inc. v. Wilander, 498 U.S. 337, 356, 111 S.Ct. 807, 818, 112 L.Ed.2d 866 (1991); Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 401-05, 110 S.Ct. 2447, 2458-61, 110 L.Ed.2d 359 (1990); Pierce v. Underwood, 487 U.S. 552, 559-61, 108 S.Ct. 2541, 2547-48, 101 L.Ed.2d 490 (1988), has moved decisively to the position that appellate review of determinations of mixed questions of fact and law should be governed by the standard of clear error, and not by the de novo standard. E.g., G.J. Leasing Co. v. Union Electric Co., 54 F.3d 379, 381 (7th Cir.1995); Stevens v. United States, 49 F.3d 331, 334 (7th Cir.1995); Williams v. Commissioner, 1 F.3d 502, 505 (7th Cir.1993); United States v. Spears, 965 F.2d 262, 269-71 (7th Cir.1992); Mars Steel Corp. v. Continental Bank N.A., 880 F.2d 928, 933 (7th Cir.1989) (en bane). The reasons are several. The trial judge, because he is closer to the facts — the court of appeals gets them at second hand — knows more about the premise to which the legal standard (possession, negligence, good faith — or voluntariness, as in the Stevens case) is to be applied. He is also more practiced than appellate judges in assessing the significance of facts. And since the legal standard is a given, and only its application to a particular and perhaps unique set of facts is in question, de novo review is not necessary to produce a reasonable uniformity of the legal principles applied within the court’s jurisdiction. Uniformity occurs at the level of the standard; it is impossible at the level of application because outcomes vary with the differing facts of different cases.

These considerations apply as forcefully to appellate review of determinations of voluntariness as they do to determinations of other mixed questions of fact and law. To our knowledge, no case or other appropriate source of guidance to judges has suggested a reason to suppose these considerations inapplicable, or even less applicable, to determinations of voluntariness. It is true that the issue of voluntariness is constitutional. But so is the issue of probable cause for a search or arrest, and, even closer, the issue of the voluntariness of a waiver of Miranda rights and the issue of the voluntariness of a consent to search; yet all three are issues in which appellate review in this circuit is for clear error, rather than being de novo. United States v. Spears, supra, 965 F.2d at 269-71; Bryan v. Warden, 820 F.2d 217, 219-20 (7th Cir.1987); cf. United States v. Price, 54 F.3d 342, 345 (7th Cir.1995). Consistency and common sense require that the issue of the voluntariness of a confession be treated the same way, and we so hold today.

Applying the standard of clear error to the present case, we must uphold the judge’s ruling that Baldwin’s statements were voluntary. Although courts until comparatively recently would sometimes say, quoting Bram v. United States, 168 U.S. 532, 542-43, 18 S.Ct. 183, 186-87, 42 L.Ed. 568 (1897), that any confession wrung out of a suspect by promises or threats is involuntary, e.g., United States v. Costello,

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Bluebook (online)
60 F.3d 363, 1995 U.S. App. LEXIS 17746, 1995 WL 424484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-charles-baldwin-ca7-1995.