183277P.pdf   04/07/2021  United States  v.  Richard Parker
   U.S. Court of Appeals Case No:  18-3277
   U.S. District Court for the Northern District of Iowa - Dubuque   
   [PUBLISHED] [Kobes, Author, with Loken and Colloton, Circuit Judges] 
   Criminal case - Criminal law and sentencing. Defendant's initial 
   interaction with police officers at the scene of his girlfriend's overdose 
   was consensual and an officer's statement to "just kind stay here" was not 
   a seizure or a significant restraint on his movement; later statements to 
   remain outside the apartment building were made to assure the officer and 
   defendant did not get in the way of medical staff and did not amount to a 
   detention; no other factors suggest the encounter ripened into a seizure 
   or custodial arrest; as defendant was not in custody at the time he made 
   the statements, they were admissible even though he had not received 
   Miranda rights; once defendant was taken to the police station, he was 
   given Miranda rights before questioning, and his waiver of those rights 
   was voluntary; the district court properly refused defendant's request for 
   a lesser-included instruction of possession of heroin as opposed to the 
   charged offense of possession with intent to distribute; the evidence was 
   sufficient to support defendant's convictions for distributing a 
   controlled substance near a protected location resulting in death and 
   possession of a controlled substance with intent to distribute near a 
   protected location; defendant's concurrent life sentences affirmed.