Marquez

MEMORANDUM *

Jose Marquez appeals his conviction and sentence for knowing and intentional importation of marijuana into the United States in violation of 21 U.S.C. § § 952 and 960. Marquez argues that his confession was involuntary and should have been suppressed. He also argues that his confession should have been excluded based on unreasonable prearraignment delay. See 18 U.S.C. § 8501 . We have jurisdiction under 28 U.S.C. § 1291 and we reverse.

In concluding that Marquez’s confession was voluntary, the district court judge found that although there were some statements made about his wife, the agents (1) didn’t tell him anything he didn’t know already; and (2) made no promises. These findings are contradicted by the evidentiary record. The first agent to testify stated that they interviewed Marquez’s wife first because they didn’t “have the liberty of ... declining prosecution,” and “wanted to make sure that if they were going to decline prosecution that [they] could have her get medical attention.” The agent also testified that she was aware of the technique of “arresting] a passenger” if the suspect does not confess, and that they “made [Marquez] aware of the fact that his…