United States v. Greer

Hamilton County Deputy Greer pulled over a female driver who had been drinking, had no driver’s license, and had an outstanding arrest warrant. Greer ran her license but did not arrest her. He had her drive to a secluded location where he had her perform oral sex on him. Later that day, the woman filed charges. A detective interviewed Greer that day. Greer said that he had run the woman’s license plate but had no personal interaction with her. Later in the interview, Greer said that he had not activated his police lights or detained her but that she had approached him with the sexual proposition. Greer eventually admitted to the woman’s version of the facts; investigators recovered his semen from the woman’s clothing. State charges were dismissed following a federal indictment. Greer pleaded guilty to witness tampering, 18 U.S.C. 1512(b)(3), in exchange for dismissal of other charges. The district court applied a Cross Reference to USSG 2X3.1, Accessory After the Fact, based on an underlying offense of the civil rights violation being investigated--aggravated rape. Greer argued that there had been no prosecution for rape and that there was not sufficient evidence that it was “committed.” Greer also unsuccessfully sought downward departures, arguing that this was “aberrant behavior” and that the woman falsely claimed that the sex was rape. The Sixth Circuit affirmed Greer’s below-guidelines sentence of 60 months. View "United States v. Greer" on Justia Law