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U.S. v. VALENZUELA-ESPINOZA

No. 10-10060.

664 F.3d 1265 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Julio Alfonso VALENZUELA-ESPINOZA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 28, 2011.

Attorney(s) appearing for the Case

Francisco Leon , Tucson, AZ, for appellant Julio Alfonso Valenzuela-Espinoza.

Dennis K. Burke , United States Attorney; Christina M. Cabanillas , appellate Chief; and Bruce M. Ferg , Assistant United States Attorney, Tucson, AZ, for appellee United States of America.

Before: BETTY B. FLETCHER, STEPHEN REINHARDT, and A. WALLACE TASHIMA, Circuit Judges.

OPINION

B. FLETCHER, Circuit Judge:

Julio Alfonso Valenzuela-Espinoza appeals his conviction for possession of marijuana with intent to distribute and conspiracy to possess marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841 and 846. Because the delay in presenting Valenzuela-Espinoza to a magistrate was unreasonable, his statements made more than six hours after his arrest must be suppressed under the rule announced in both ...

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