United States v. Markanthony Sapalasan

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 18 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-30251

Plaintiff-Appellee, D.C. No. 3:18-cr-00130-TMB-MMS-1 v.

MARKANTHONY DELEON MEMORANDUM*

SAPALASAN,

Defendant-Appellant.

Appeal from the United States District Court for the District of Alaska Timothy M. Burgess, District Judge, Presiding

Argued and Submitted September 12, 2023 Seattle, Washington

Before: HAWKINS, R. NELSON, and COLLINS, Circuit Judges. Dissent by Judge HAWKINS.

Around 3 a.m., Markanthony Sapalasan was arrested with probable cause for

potential involvement in a murder. His backpack was taken and searched, but

nothing of note was found. Officer Tae Yoon placed the backpack in his patrol car,

and Sapalasan was taken to the police station for questioning. After questioning,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Sapalasan was released from detention. Before the end of his shift at 9 a.m.,…