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U.S. v. TEJADA

Nos. 00-1461, 00-1491.

255 F.3d 1 (2001)

UNITED STATES of America, Appellee, v. Pedro Luis TEJADA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 27, 2001.

Attorney(s) appearing for the Case

Raymond L. Sanchez Maceira, by Appointment of the Court, for appellant.

Jared Lopez, Assistant U.S. Attorney, with whom Guillermo Gil, United States Attorney, Jorge E. Vega-Pacheco, Assistant U.S. Attorney, and Thomas F. Klumper, Assistant U.S. Attorney, were on brief, for appellee.

Before TORRUELLA, Circuit Judge, COFFIN and CAMPBELL, Senior Circuit Judge.

COFFIN, Senior Circuit Judge.

Appellant Pedro Luis Tejada seeks dismissal of his indictment for illegal reentry into the United States, see 8 U.S.C. § 1326(b)(2), on the ground that the government failed to bring him before a magistrate judge within 48 hours following his warrantless arrest, in violation of Federal Rule of Criminal Procedure 5(a).1 The district court concluded that Rule 5(a) was inapplicable to Tejada's circumstances...

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