Valenzuela-Espinoza

ORDER

This court’s opinion, filed December 28, 2011 [ 664 F.3d 1265 ], is amended by striking the words “United States v.” before “Liera ” on page 21390 [ 664 F.3d at 1271-72 ] of the slip opinion, replacing “1237,” with “at” in the same line, and striking the words “(9th Cir. 2009)” in the following line. It is further amended by replacing the word “constitutional” with “longstanding” before the word “principle” on page 21392 [ 664 F.3d at 1272-73 ]; by replacing the word “two” with “three” after the word “identified” on page 21392 [ 664 F.3d at 1272-73 ]; and by striking “Here, the” on that page and inserting the following passage before the words “district court”:

< Finally, delays necessary to determine “whether [a suspect] should be criminally charged” are also reasonable. Garcia-Hernandez, 569 F.3d at 1106; see also Gamez, 301 F.3d at 1143 (explaining that delay was reasonable where it “was impossible to determine with what kind of offense Gamez would be charged” prior to questioning by Spanish-speaking agents).

The delay in presenting Valenzuela-Espinoza does not fall into any of these categories and was not reasonable. First, there is no suggestion that the delay was…