Second Circuit - Miranda: United States v. Pence

Daily Record Staff//April 22, 2026//

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United States Court of Appeals for the Second Circuit

Miranda — Custody

24-1025-cr

Judges Cabranes, Chin, and Robinson

Background: The defendant appealed his conviction of use of a facility of interstate commerce in connection with murder for hire. The district court had denied his motion to suppress statements made to law enforcement before he was given Miranda warnings.

Ruling: The Second Circuit affirmed. The court held that the people established that the defendant was not in custody when he confessed to taking part in a murder-for-hire scheme. The defendant had entered the FBI vehicle where the interrogation took place under his own will. It was outside of his home, as his wife, parents, and children went about their day. He was never handcuffed, nor were firearms pointed at them. He was never threatened. He was told he was not under arrest.

Michael F. Perry, assistant United States attorney, for the appellee; Susan C. Wolfe for the defendant-appellant.

Oral argument audio