United States Ninth Circuit

Convictions for drug-related offenses involving a major drug-smuggling operation on Pacific Ocean waters are affirmed where: 1) the amended Maritime Drug Law Enforcement Act (MDLEA) is constitutional as applied to defendant; 2) the evidence was sufficient to establish the required nexus between the U.S. and defendant's drug-smuggling activities; 3) a determination that defendant's confession should not be suppressed was proper; 4) an 11-day delay in bringing defendant before a magistrate judge was not unreasonable; and 5) evidence of his confession was properly admitted, and sufficient evidence supported the convictions. A limited remand is ordered as to the sentence, pursuant to Ameline.

Appellate Information

• Argued 11/03/2004
• Decided 11/15/2006
• Published 11/15/2006

Judges

• TALLMAN, Circuit Judge:, Before: TASHIMA, FISHER, and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael L. Crowley, San Diego, CA, for the defendant-appellant., David Jonathan Weiner, United States Department of Justice, Washington, D.C., William V. Gallo, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.