United States Ninth Circuit

Defendant's conviction for importation of marijuana is vacated and remanded, where: 1) under the McNabb-Mallory rule, the statements the defendant made to a federal agent forty-eight hours after his arrest, but before he was presented to a magistrate judge, must be suppressed because the four-day delay in presenting him to a magistrate was unreasonable and unnecessary; and thus; 2) the district court erred in denying defendant's motion to suppress the incriminating statements.

Appellate Information

• Decided 06/24/2014
• Published 06/24/2014

Judges

• PREGERSON

Court

• United States Ninth Circuit

Counsel