United States v. Edit Sotoj-Lopez

Sotoj appeals from his conviction for assaulting an immigration officer with a deadly weapon. He contends that his conviction should be reversed because (1) the Government unreasonably delayed in bringing him before a magistrate in violation of McNabb v. United States, 318 U.S. 332 , 63 S.Ct. 608 , 87 L.Ed. 819 (1942) and Mallory v. United States, 354 U.S. 449 , 77 S.Ct. 1356 , 1 L.Ed.2d 1479 (1957); and (2) he was prejudiced by the erroneous admission of irrelevant evidence. We reverse for McNabbMallory error.

On December 5, 1978, three agents of the Immigration and Naturalization Service conducted a search of the Valley Packers onion shed in Adrian, Oregon, seeking illegal aliens. Officer Nygaard identified himself, and asked Sotoj where he was born. Sotoj answered “Me married.” Repetition of the same question led to the same answer. Thereupon, Sotoj attempted to flee. A scuffle ensued during which Sotoj nicked Nygaard’s chin with a knife and Nygaard wounded Sotoj. The sole witnesses to the altercation were Sotoj and Nygaard. When the two men were first observed by another worker at the shed, Nygaard had subdued Sotoj and was striking him with a flashlight or a stick. Nygaard…