United States v. Roberto Montes-Zarate

The appellant was convicted of possession of marijuana with intent to distribute. The marijuana was found in the trunk of the automobile that he was driving. On appeal he contends: (1) his incriminating statements should have been suppressed pursuant to Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966); (2) the government subjected him to unnecessary and unreasonable delay in bringing him before a judicial officer; and (3) the district court did not have jurisdiction over the subject matter of Count IV of the indictment.

Appellant and the officers testified about the warnings given and how he understood them. The testimony was in conflict. On the motion to suppress his statement, the government’s evidence included a written statement of the rights of an accused, printed in the Spanish language, and signed by the appellant. The officers also described the way they advised the appellant of his rights. The judge had the right to believe the government’s evidence. When all the evidence is considered together, we cannot say the trier’s finding of adequate warning was “clearly erroneous.”

On the point of the alleged violation of Fed.R.Crim.P. 5(a), the…