U.S. v. Snyder

Federal 7th Circuit Court
Criminal Court
Reasonable Doubt
Citation
Case Number: 
No. 16-3779
Decision Date: 
July 25, 2017
Federal District: 
C.D. Ill.
Holding: 
Affirmed, vacated and remanded in part

Record failed to contain sufficient evidence on charge of conspiracy to murder federal witness under 18 USC section 1512. Govt. was required to show that there was “reasonable likelihood” that murdered witness, who played role in defendant’s prior armed robbery, would have communicated with federal officers about underlying armed robbery, and Govt. failed to make such showing, where: (1) federal prosecutors rarely prosecuted individuals on instant armed robbery charge; and (2) record failed to show that federal officer assisted state prosecution on instant armed robbery charge in manner that would have involved interview with murdered witness. Fact that armed robbery had potential for charging three federal offenses, that FBI task force shared office building with local police, or that FBI provided technical forensic assistance to local officials on armed robbery incident did not require different result. Also, Dist. Ct. did not err in applying murder cross-reference under section 2K2.1(c)(1) of USSG when imposing life sentence on defendant’s felon-in-possession of firearm charge, where, although said sentence was significantly above guideline range, said sentence was supported by Dist. Ct.’s careful consideration of section 3553(a) sentencing factors that included defendant’s role in murder of witness and his recurrent violent behavior.