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Pence Murder-for-Hire Conviction Affirmed on Appeal

The Second Circuit affirmed Christopher Pence's conviction for using a facility of interstate commerce in connection with murder-for-hire under 18 U.S.C. § 1958(a), upholding the district court's denial of his motion to suppress statements made to FBI agents before Miranda warnings. The appellate court agreed that a reasonable person in Pence's circumstances would not have believed he was in custody when he confessed to the murder-for-hire scheme after approximately two hours of questioning in an FBI vehicle. This affirmance resolves the appeal without creating new compliance obligations, as the decision applies existing Miranda custody doctrine to the specific facts.

United States v. Pence Murder-for-Hire Appeal

The Second Circuit affirmed Christopher Pence's conviction for using a facility of interstate commerce in connection with murder-for-hire under 18 U.S.C. § 1958(a), rejecting his appeal of the district court's denial of his motion to suppress statements made to FBI agents before receiving Miranda warnings. The appellate court held that a reasonable person in Pence's circumstances would not have believed he was in custody when he voluntarily agreed to speak with agents inside an FBI vehicle while his family remained inside the home. After approximately two hours of questioning, Pence confessed to arranging the murder of Francesco and Christina Cordero via a $16,486.06 Bitcoin payment to a purported hitman on the dark web.

United States v. Pence - Murder-for-Hire Conviction Upheld, Suppression Motion Denied

The Second Circuit affirmed Christopher Pence's conviction for using a facility of interstate commerce in connection with murder-for-hire under 18 U.S.C. § 1958(a). Pence sought to suppress statements he made to FBI agents before receiving Miranda warnings, arguing he was in custody when he was questioned in an FBI vehicle outside his Utah home. The court agreed with the district court that a reasonable person in Pence's circumstances would not have believed he was in custody, finding the interview was non-custodial because agents informed him he was not under arrest and was not obligated to answer questions, and because he voluntarily agreed to speak with agents and was unhandcuffed during the questioning.

United States v. Pence - Murder-for-Hire Conviction Affirmed

The Second Circuit affirmed Christopher Pence's conviction for use of a facility of interstate commerce in connection with murder-for-hire. Pence appealed the District Court for the Northern District of New York's denial of his motion to suppress pre-Miranda statements, arguing he was in custody during interrogation. The Second Circuit held that the government proved by a preponderance of the evidence that a reasonable person in Pence's circumstances would not have believed he was in custody, and affirmed the judgment.

United States v. Pence - Murder-for-Hire Conviction Affirmed on Miranda Appeal

The Second Circuit affirmed Christopher Pence's conviction for use of interstate commerce facilities in connection with murder-for-hire. Pence appealed the district court's denial of his motion to suppress pre-Miranda confession statements, arguing he was in custody during FBI interrogation. The appellate court upheld the suppression ruling, finding the government proved by a preponderance that a reasonable person in Pence's circumstances would not have believed they were in custody when they confessed.

US v. Pence - Murder-for-Hire Conviction Affirmed, Miranda Suppression Denied

The Second Circuit affirmed Christopher Pence's conviction for use of a facility of interstate commerce in connection with murder-for-hire. Pence sought to have the Corderos murdered via dark web communications and paid $16,486.06 in Bitcoin to a purported hitman. The court upheld the denial of Pence's motion to suppress statements made to FBI agents before receiving Miranda warnings, finding a reasonable person in Pence's circumstances would not have believed he was in custody.