United States v. Hampton

Hampton, a convicted felon, robbed a post office at gunpoint. Weeks later, he was arrested after breaking into a business. When deputies searched Hampton’s home, they found three firearms; two were stolen. At the Sheriff’s Office, deputies informed Hampton that they were recording the conversation. Hampton interjected: “Actually, I want to change that. I haven’t even gotten a chance to get a lawyer or anything.” Deputies explained to Hampton why they wished to record the Miranda process, concluded that Hampton had not invoked his right to counsel, and, with the recorder off, advised Hampton of his rights. Hampton said: “Maybe I should have a lawyer,” but later said something the officers interpreted as permission to continue. Hampton does not contest that he agreed to proceed without counsel. Hampton signed a Miranda waiver and confirmed that he had not been threatened or received any promises. Hampton confessed to stealing scrap metal from empty buildings. After 90 minutes, Hampton confessed to the post office robbery. The Seventh Circuit affirmed his conviction and 132-month sentenced for robbing federal property, 18 U.S.C. 2114(a), brandishing a firearm during a crime of violence, 18 U.S.C. 924(c)(1)(A)(ii), being a felon in possession of firearms, 18 U.S.C. 922(g)(1), and possessing stolen firearms, 18 U.S.C. 922(j), rejecting arguments that robbery of federal property is not a crime of violence since it can be accomplished by “intimidation” and that Hampton unequivocally invoked his right to counsel. View "United States v. Hampton" on Justia Law