Llamas-Garcia

MEMORANDUM **

After being arrested at the United States—Mexico border because Customs officials discovered 98 pounds of cocaine hidden in the gas tank of the truck he was driving, Jose Llamas-Garcia was convicted of importation of cocaine in violation of 21 U.S.C. §§ 952 and 960 and possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). Llamas-Garcia alleges various pretrial and trial errors as well as the facial invalidity of the statutes under which he was convicted. We reverse the conviction.

Llamas-Garcia contends that the district court should have dismissed the charges against him because the government violated Federal Rule of Criminal Procedure 5 when it held him in custody for 11 days before taking him to a magistrate. Although the government has conceded error, the proper remedy for a Rule 5 violation is not dismissal of the criminal charges. Anderson v. Calderon, 232 F.3d 1053, 1071 (9th Cir.2000) (holding that suppression of evidence rather than dismissal *386 of the criminal charges constitutes the proper remedy for delayed arraignment), cert. denied — U.S. -, 122 S.Ct. 580 , 151 L.Ed.2d 451 (2001). Therefore, the conviction may not…