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UNITED STATES v. PENA

No. 23-2047.

115 F.4th 1254 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Jose PENA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED September 5, 2024.

Attorney(s) appearing for the Case

Kurt J. Mayer, Assistant Federal Public Defender, Albuquerque, New Mexico, for Defendant-Appellant Jose Pena.

Jaymie L. Roybal, Assistant United States Attorney, Albuquerque, New Mexico (Alexander M. M. Uballez, United States Attorney, and C. Paige Messec, Assistant United States Attorney, Albuquerque, New Mexico, with her on the brief), for Plaintiff-Appellee United States of America.

Before McHUGH, MURPHY, and CARSON, Circuit Judges.

The Fifth Amendment prohibits the government from using an involuntary confession as evidence in a criminal trial. But law enforcement does not produce an involuntary confession by persuading a suspect to confess or by influencing a defendant in making inculpatory statements. Rather...

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