United States v. Arcadio Hernandez

MANION, Circuit Judge.

Arcadio Hernandez was convicted by a jury of possessing a gun as a felon. He had confessed to knowingly possessing a gun, and the jury was so told over his objection. He argues that his confession should have been suppressed because it was obtained by a two-step interrogation process that circumvented Miranda. The district court disagreed, finding that the “interrogation” that took place before he was given Miranda warnings did not circumvent Miranda under the Supreme Court’s jurisprudence. We affirm, but on the alternative basis that the single question asked before…