United States v. Hinkley, 093015 FED1, 14-1821

Docket Nº:14-1821
Opinion Judge:LYNCH, CIRCUIT JUDGE.
Party Name:UNITED STATES OF AMERICA, Appellee, v. DEREK HINKLEY, Defendant, Appellee.
Attorney:James S. Hewes, for appellant. Renée M. Bunker, Assistant United States Attorney, with whom Thomas E. Delahanty II, United States Attorney, was on brief, for appellee.
Judge Panel:Before Torruella, Lynch, and Kayatta, Circuit Judges.
Case Date:September 30, 2015
Court:United States Courts of Appeals, Court of Appeals for the First Circuit
 
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UNITED STATES OF AMERICA, Appellee,

v.

DEREK HINKLEY, Defendant, Appellee.

No. 14-1821

United States Court of Appeals, First Circuit

September 30, 2015

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE Hon. Nancy Torresen, U.S. District Judge

James S. Hewes, for appellant.

Renée M. Bunker, Assistant United States Attorney, with whom Thomas E. Delahanty II, United States Attorney, was on brief, for appellee.

Before Torruella, Lynch, and Kayatta, Circuit Judges.

LYNCH, CIRCUIT JUDGE.

In January 2014, Derek Hinkley entered a conditional guilty plea to one count under federal law of sexual exploitation of a minor. 18 U.S.C. § 2251(a). As allowed by his plea agreement, he now appeals the district court's denial of three motions to suppress. He also challenges his sentence of 300 months of imprisonment. We affirm his conviction and sentence.

I.

As to the motions to suppress, we recite the relevant facts as found by the district court, consistent with record support. United States v. Arnott, 758 F.3d 40, 41 (1st Cir. 2014). As to the facts relevant to the sentencing appeal, we take the facts as set forth in the plea colloquy, the unchallenged portions of the presentence report, and the sentencing hearing. United States v. Innarelli, 524 F.3d 286, 288 (1st Cir. 2008).

On July 17, 2012, Derek Hinkley invited two boys, ages 12 and 15 (Victim #1 and Victim #2 respectively), to spend the night at his apartment, with their parents' permission. Both boys were special education students who had known Hinkley for several months. Hinkley had told them and their parents that he was eighteen years old even though he was actually twenty-eight. On the way to the apartment, Hinkley told the boys it was a "free house" and that they could "walk around naked" if they wanted to. At the apartment, Hinkley showed the boys his knife collection and threatened to cut off their penises if they did not watch pornography and masturbate in front of him using an imitation-vagina sex toy. The boys complied, and Hinkley used a webcam to stream the image of Victim #2 masturbating on a social media site, Omegle.

On July 19, 2012, police officers received a report from one of the boys' parents. On the way to the victims' neighborhood to investigate the matter, police detective Derrick St. Laurent observed a man surrounded by a group of neighborhood children on the sidewalk. St. Laurent approached the man "on a hunch, " learned that the man was Hinkley, and then asked him to come to the Lewiston police station for an interview. The reason for asking Hinkley to come to the station, St. Laurent testified, was that he prefers to conduct interviews at the station so that the interviews can be recorded. Hinkley transported himself to the police station for the interview and waited in the lobby for St. Laurent to arrive. Hinkley was then questioned by St. Laurent in an eight-by-twelve foot, windowless room. At the outset of the interview, St. Laurent told Hinkley that he was not in custody, asked him whether he would mind if the door was closed, and reminded him of how to exit the police station in the event of an emergency. Twenty-nine minutes into the interview, St. Laurent told Hinkley that he was still free to leave. Thirty-eight minutes into the interview, he told Hinkley that he was no longer free to leave. At this point, Hinkley received Miranda warnings and signed a consent-to-search form.

Relying on the consent-to-search form, the police then took Hinkley to his apartment and in his presence seized, among other things, a laptop computer and a sex toy. They found approximately eighty images of child pornography in the laptop's internet cache and also found browsing history showing the Omegle website being accessed on July 18, 2012, at approximately 12:53 AM. The police then transported Hinkley to Androscoggin Jail.

On July 20, 2012, Hinkley made further inculpatory admissions during an interrogation at Androscoggin Jail. Before proceeding with that interview, St. Laurent asked if Hinkley remembered the Miranda warnings he was read the previous day. Hinkley answered in the affirmative. St. Laurent nevertheless asked Hinkley whether he wanted the warnings repeated. Hinkley answered in the negative. As such, no new Miranda warnings were given.

On March 12, 2013, Hinkley was indicted on one count of sexual exploitation of a child, in violation of 18 U.S.C. § 2251(a). Hinkley filed motions to suppress three different pieces of evidence: (1) statements he made to Detective St. Laurent at the police station on July 19, 2012; (2) physical evidence seized during a search of his apartment after the July 19, 2012, interview; and (3) statements he made to St. Laurent at Androscoggin Jail on July 20, 2012. The district court denied all three motions.

On January 30, 2014, Hinkley entered a conditional guilty...

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