October 23, 2015
Appeals from United States District Court for the District of
Minnesota - St. Paul.
United States of America, Plaintiff - Appellee (14-3339):
Carol M. Kayser, Assistant U.S. Attorney, U.S. Attorney's
Office, Saint Paul, MN; John Kokkinen, Assistant U.S.
Attorney, John Marti, U.S. Attorney's Office, District of
Minnesota, Minneapolis, MN.
Regis Adams, Defendant - Appellant (14-3339), Pro se,
Neiman Regis Adams (14-3339, 14-3354), Defendant - Appellant:
Manvir Kaur Atwal, Assistant Federal Public Defender, Federal
Public Defender's Office, Minneapolis, MN.
United States of America, Plaintiff - Appellee (14-3354):
David W. Fuller, Assistant U.S. Attorney, John Kokkinen,
Assistant U.S. Attorney, U.S. Attorney's Office, District
of Minnesota, Minneapolis, MN; Carol M. Kayser, Assistant
U.S. Attorney, U.S. Attorney's Office, Saint Paul, MN.
Regis Adams, Defendant - Appellant (14-3354), Pro se,
WOLLMAN, BYE, and GRUENDER, Circuit Judges.
WOLLMAN, Circuit Judge.
Regis Adams was convicted of armed bank robbery, in violation
of 18 U.S.C. § 2113(a) and (d), and was sentenced to 240
months' imprisonment. He
was also sentenced to a consecutive term of 18 months'
imprisonment for violating the terms of supervised released
that was imposed following an earlier conviction. He appeals
from the district court's denial of his motion to
suppress statements that he made during a custodial
interrogation, as well as from the sentences imposed by the
district court, arguing that they are substantively
unreasonable. We affirm.
August 13, 2013, two black men entered the Virginia
Cooperative Credit Union (the bank) located in Virginia,
Minnesota, and committed an armed robbery. At that time,
three tellers and one customer were in the bank. Neither of
the men who entered the bank wore a mask. One of the men was
armed with a handgun and wore a flat-brimmed baseball cap, a
dark, hooded sweatshirt with the hood up, and a lanyard
around his neck. That individual pointed his gun at the
tellers and the customer, ordering them to lie on the ground,
while the other individual walked behind the counters and
emptied the tellers' cash drawers. The robbery lasted
approximately two minutes, and the men stole approximately
$53,000. The local police department, with assistance from
the Federal Bureau of Investigation (FBI), investigated the
robbery. The police were unable to identify the robbers from
any physical evidence left at the scene of the crime, but the
robbery was captured on the bank's security cameras from
multiple angles. Following a three-day investigation, police
arrested Adams on August 16, 2014. That day, police detective
Bruce L. Hedstrom met with Adams. After being informed of his
Miranda rights, Adams stated that he did not want to answer
questions, and Hedstrom terminated the interrogation.
August 30, 2013, Hedstrom brought FBI special agent Timothy
Ball to the jail, where Ball interviewed Adams. Ball first
advised Adams of his rights under Miranda v.
Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694
(1966), reading aloud an FBI " Advice of Rights"
form. After stating each right, Ball asked Adams whether he
understood, and Adams indicated that he did. Ball asked Adams
to sign his name at the bottom of the form, indicating that
he understood his rights, but Adams refused to do so, stating
that he did not understand why he was being questioned and
that he did not like " dealing with cops." Ball
informed Adams that he could refuse to answer questions,
could choose to answer some questions but not answer others,
and could terminate the interview at any time. Approximately
three minutes and forty seconds into the interview, Ball
asked Adams if he wanted to answer questions. The two then
had the following exchange:
ADAMS: No, I don't think I wanna, you know--
BALL: I'll explain what's going on. We've got you