2020 Supreme(US)(ca7) 790
COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Hamilton
United States – Appellant
Versus
Latasha Gamble – Respondent
United States Court of Appeals For the Seventh Circuit ____________________ No. 19-2514 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LATASHA GAMBLE, Defendant-Appellant. ____________________
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:17-cr-00733-1 — Ronald A. Guzmán, Judge. ____________________
ARGUED MAY 27, 2020 — AUGUST 11, 2020 ____________________
Before EASTERBROOK, HAMILTON, and BRENNAN, Circuit Judges. HAMILTON, Circuit Judge. Defendant Latasha Gamble was found guilty of armed bank robbery and sentenced to 151 months in prison. She challenges her sentence on two grounds that revolve around whether she used a real firearm in the robbery. First, she argues that the district court erred in finding that she used a real firearm in the robbery. Second, 2 No. 19-2514 she argues that the district judge violated her Fifth Amend- ment privilege against self-incrimination by considering at sentencing his finding that she lied to the FBI about buying and using a fake gun in the robbery and that she did not help recover the discarded gun. We affirm. Ample evidence supported the judge’s finding that Gamble used a real firearm in the robbery. Also, Gam- ble’s Fifth Amendment rights were not violated. She did not remain silent but instead chose to tell the FBI where she got the gun and how she got rid of it. She thus waived her Fifth Amendment privilege on those topics. See Anderson v. Charles, , 408 (1980). The district judge was entitled to con- sider her false statements in deciding on her sentence. I. Factual and Procedural Background On November 9, 2017, defendant Latasha Gamble robbed a branch of Chase Bank in Chicago, a branch where she had worked until three months earlier. Only two Chase employ- ees were working at the time of the robbery, Kelly Green and Lesley Rendon. Gamble entered the bank wearing a disguise and waited for a few customers to leave. When they did, Gam- ble pulled out a gun and pushed Green to the ground as Green opened a secured door to leave the lobby. Gamble then pointed the gun at Green and ordered her to open the bank’s vault. When Green said that both employees were needed to open the vault, Gamble grabbed Rendon by the hair, pressed the gun against the back of her head, threatened to shoot her, and brought her to the vault. At trial, Rendon testified that the gun felt cold and made a clicking noise when it was against her head. Once Green and Rendon had opened the vault, Gamble ordered them to put their heads down and again No. 19-2514 3 threatened to shoot them. Gamble took over $126,000 from the vault and left the bank. Despite Gamble’s attempts at disguise, both Green and Rendon had recognized her. FBI agents arrested Gamble sev- eral hours later when she showed up for work at another Chase branch, oddly enough. Gamble waived her Miranda rights and agreed to speak with an FBI agent. Several hours into the interrogation, Gamble admitted that she had robbed the bank earlier that day. After she confessed, Gamble was asked questions about the gun, the money, and the clothing that she wore during the robbery. She said that the gun was a “play gun” that she had bought at a Walmart store near her home earlier that week. But a later investigation determined that Walmart did not sell any fake guns at that location or anywhere else in Illinois. Gamble also said that she disposed of the gun on Irving Park Road, stashed the money in a trash can at a nearby grocery store parking lot, and dumped the clothing in a recycling con- tainer near