Sentencing Guidelines and 5th Amendment Violation

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7^th Circuit Court of Appeals

Case Name: United States of America v. LaTasha Gamble

Case No.: 19-2514

Officials: EASTERBROOK, HAMILTON, and BRENNAN, Circuit Judges.

Focus: Sentencing Guidelines and 5^th Amendment Violation

Defendant Latasha Gamble was found guilty of armed bank robbery and sentenced to 151 months in prison. She challenges her sentence on two grounds that revolve around whether she used a real firearm in the robbery. First, she argues that the district court erred in finding that she used a real firearm in the robbery. Second she argues that the district judge violated her Fifth Amendment privilege against self-incrimination by considering at sentencing his finding that she lied to the FBI about buying and using a fake gun in the robbery and that she did not help recover the discarded gun.

We affirm. Ample evidence supported the judge’s finding that Gamble used a real firearm in the robbery. Also, Gamble’s Fifth Amendment rights were not violated. She did not remain silent but instead chose to tell the FBI where she got the gun and how she got rid of it. She thus waived her Fifth Amendment privilege on those topics. See Anderson v. Charles, 447 U.S. 404, 408 (1980). The district judge was entitled to consider her false statements in deciding on her sentence.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.