Skilled tribal medicine man occupies position “professional discretion” and therefore may qualify for abuse of position of trust sentence enhancement

MIRANDA/SENTENCING United States v. Chee, No. 07-4057, ___ F.3d ___ (10th Cir. Jan. 29, 2008)(Utah). Appeal of conviction and sentence for aggravated sexual abuse in Indian Country in violation of 18 U.S.C. §§ 2241(a)(1) and 1153(a). HELD: Miranda District court properly denied defendant’s motion to suppress admissions made to FBI agents. Admission to commission of crime does not transform voluntary interview with government agents into custodial interrogation requiring Miranda warnings. Furthermore, fact that defendant believed interrogation would only concern an incident in which he found a firearm did not change interrogation environment once questioning shifted to sexual assault. Sentencing District court did not err by enhancing defendant’s sentence for abuse of position of trust. Because defendant had special skill as tribal medicine man that allowed him to come and go within victim’s family’s home, and because defendant had been hired by family for those skills, defendant’s position as medicine man was one of “professional discretion” that was used to facilitate and conceal his offense. Defendant’s position thereby qualified as “position of trust” for sentence enhancement purposes under USSG § 3B1.3. Read the opinion here.