United States v. Luis Torres Pimental

Luis Osvaldo Torres Pimental appeals his conviction following a conditional guilty plea to one count of importation of over fifty kilograms of marijuana, in violation of 21 U.S.C. §§ 952 and 960 and 18 U.S.C. § 2. Torres Pimental entered his guilty plea on the condition that he retain his right to appeal the district court’s denial of his motion to suppress incriminating statements he made to a federal agent forty-eight hours after his arrest, but before he was presented to a magistrate judge. Torres Pimental now seeks reversal of the denial of his motion to suppress.

Because the delay in presenting Torres Pimental to a magistrate was unreasonable and unnecessary, Torres Pimental’s statements must be suppressed under Federal Rule of Criminal Procedure 5(a), McNabb v. United States, 318 U.S. 332 , 63 S.Ct. 608 , 87 L.Ed. 819 (1943), and Mallory v. United States, 354 U.S. 449 , 77 S.Ct. 1356 , 1 L.Ed.2d 1479 (1957). See United States v. Valenzuela-Espinoza, 697 F.3d 742, 745 (9th Cir.2012). We REVERSE the district court’s denial of Torres Pimental’s suppression motion, VACATE the conviction, and REMAND for further proceedings. Because we vacate his conviction based on the…