United States v. Moore, No. 10-2740 (2d Cir. 2012)Annotate this Case
Defendant appealed from a judgment entered in the district court on a plea of possession of a firearm by a felon. After defendant's arrest, defendant inculpated himself when he was questioned by police before he received Miranda warnings and again later, after he was warned. Defendant contended that the subsequent confession must be suppressed because it was obtained through a two-part interrogation technique outlawed as a violation of the Fifth Amendment in Missouri v. Seibert. The court concluded that the subsequent confession was given voluntarily and without coercion, and was not elicited by the proscribed two-step technique. The court also concluded that the confession did not offend the Sixth Amendment because defendant's right to counsel had not yet attached, particularly with regard to the federal offense for which he was prosecuted. Accordingly, the judgment was affirmed.