When are two steps not a two-step?
In U.S. v. Narvaez-Gomez, the Ninth Circuit vacated the sentence imposed for illegal reentry of an alien after removal. The defendant’s sentence had been enhanced because he’d been convicted of discharge of a firearm at a residence under California penal Statute 246, which could be a reckless offense. However, the enhancer was for a crime of violence, which requires intentional use of force.
The Court affirmed the underlying conviction, even though a confession was obtained without proper Miranda warnings, and then, after warnings were given, another confession was obtained. The latter confession was admitted at trial. The Court determined this was not a deliberate “two-step interrogation process barred by Missouri v. Seibert because the personnel taking the confessions changed, and several hours passed between confessions.
