Court: Court of Appeals for the Seventh Circuit; February 17, 2009; Federal Appellate Court
Samuel Steed pleaded guilty to possession of an unregistered destructive device, manufacturing a pipe bomb, and possession of a firearm after a felony conviction. At sentencing, the district court determined that Steed used the pipe bomb to threaten his girlfriend, Natalie Vela, in an attempt to prevent her from reporting his methamphetamine manufacturing to the police. This led to a four-level offense level increase under U.S.S.G. 2K2.1(b)(6) for the pipe bomb's use in connection with the felony intimidation offense under Indiana law. The court sentenced Steed to 96 months’ imprisonment, below the guidelines range of 121 to 151 months.
On appeal, Steed contested the evidence supporting the pipe bomb's use in connection with intimidation. The court affirmed the sentence, noting that the district court's findings were not clearly erroneous. Vela reported to the police that Steed had threatened her and her children with the pipe bomb after an argument related to his methamphetamine use. Steed admitted to making the bomb and had methamphetamine in his possession during the police interview.
During sentencing, Steed initially denied making threats but later argued that evidence did not show he intended to harm Vela or her children. Testimony from fellow inmates and police corroborated that Steed had threatened Vela and admitted to drug-related activities. Vela, despite reconciling with Steed, maintained that she felt threatened and that his actions were intended to deter her from reporting him. The district court found her testimony credible and consistent with prior statements, ultimately affirming the increase in Steed's offense level due to the intimidation threat.
The court determined that the threat made by Steed constituted felony intimidation under Indiana Code 35-45-2-1. It ruled that Steed's claim of involuntary intoxication did not hold under Indiana law, leading to the conclusion that he possessed a pipe bomb in connection with another felony. According to Section 2K2.1(b)(6) of the U.S. Sentencing Guidelines, a four-level increase in offense level applies if a defendant used or possessed a firearm, including a pipe bomb, in connection with the commission of a felony, which does not need to be formally charged. The court's findings are reviewed for clear error, emphasizing that credibility determinations are given significant deference.
Steed argued that the district court's finding of his threat to his girlfriend and her children was clearly erroneous, claiming the only supporting evidence was the less credible testimony of Vela. However, the court found Vela's statements credible, particularly her belief that the threat was intended to prevent her from reporting Steed's drug activities, consistent with her earlier videotaped police statement. Steed's counsel suggested that the lack of evidence regarding Vela's intent to report Steed negated any motive for a threat. Nevertheless, the court deemed Vela's credible statements sufficient to support the felony intimidation finding. Given the court's reliance on witness credibility and supporting record testimony, it found no clear error and affirmed the decision.
