United States v. Torres Pimental, No. 12-50038 (9th Cir. 2014)
Annotate this CaseDefendant appealed his conviction after pleading guilty to one count of importation of over fifty kilograms of marijuana. Defendant challenged the district court's denial of his motion to suppress incriminating statements made to a federal agent 48 hours after his arrest, but before he was presented to a magistrate judge. The court concluded under the McNabb-Mallory rule that defendant's statements must be suppressed under Federal Rule of Criminal Procedure 5(a) because the delay in presenting defendant to a magistrate was unreasonable and unnecessary. The court reversed the denial of defendant's motion, vacated the conviction, and remanded for further proceedings.
Court Description: Criminal Law. The panel reversed the denial of a motion to suppress a defendant’s incriminating statements, vacated his conviction for importation of marijuana, and remanded the case for further proceedings. The panel held that 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.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.