Federal Defenders of New York Second Circuit Blog

custody

Second Circuit reaffirms that confronting defendant with evidence of guilt can “create the kind of atmosphere of significant restraint that triggers Miranda.”

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United States v. Pence, No. 24-1025-cr (2d Cir. Apr. 10, 2026) (Cabranes, Chin (writing), Robinson, Circuit Judges). In a decision the panel described as “a close call,” the Second Circuit affirmed the district court’s denial of Pence’s motion to suppress statements he made to agents before they gave Miranda warnings. In an opinion by Judge … Read more

De Novo Review of Demeanor?

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Last week, the Second Circuit reversed a decision suppressing a defendant’s incriminating, videotaped statements to a DEA agent in a case involving Fentanyl distribution resulting in death. See United States v. Haak, No. 16-3876 (Raggi, Hall, Carney) (appeal from WDNY), opinion available here. The substance of the decision is fact-specific and favors the government.  Interestingly, … Read more

Custody Battle

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United Stateds v. FNU LNU, No. 10-419-cr (2d Cir. August 9, 2011) (Jacobs, Calabresi, Lohier, CJJ) Defendant, traveling under the name Sandra Calzada, arrived at JFK on a flight from the DR. A border patrol agent noticed that Calzada had an open arrest warrant, and flagged her for secondary inspection. An “armed guard” escorted her … Read more