United States Ninth Circuit

Conviction and sentencing of defendant for possession of marijuana with intent to distribute and conspiracy to possess marijuana with intent to distribute, 21 U.S.C. sections 841 and 846, are vacated because an approximately 27-hour delay in presenting defendant to a magistrate was unreasonable, and therefore the district court, under McNabb v. US, erred in not suppressing defendant's statements made more than six hours after his arrest.

Appellate Information

• Decided 12/28/2011
• Published 12/28/2011

Judges

• B. FLETCHER

Court

• United States Ninth Circuit

Counsel