United States v. Heraclio Osorio-Arellanes

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-10003

Plaintiff-Appellee, D.C. No. 4:11-cr-00150- v. DCB-LCK-

HERACLIO OSORIO-ARELLANES,

AKA Laco, OPINION

Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding

Argued and Submitted February 13, 2024 University of Arizona College of Law (Tucson)

Filed August 9, 2024

Before: Michael Daly Hawkins, Andrew D. Hurwitz, and Roopali H. Desai, Circuit Judges.

Opinion by Judge Hawkins; Dissent by Judge Hurwitz USA V. OSORIO-ARELLANES

SUMMARY *

Criminal Law

The panel reversed the district court’s order reconsidering its suppression of a confession by Heraclio Osorio-Arellanes (“Osorio”), vacated his convictions and sentences, and remanded for further proceedings. Osorio participated in a chaotic firefight with U.S. Customs and Border Patrol agents in Arizona. Osorio fled back into Mexico, and one of the agents died from wounds he sustained in the confrontation. Federal…