United States v. Carmen Boche-Perez
2014 U.S. App. LEXIS 11309
| 5th Cir. | 2014Background
- Boche-Perez, a lawful permanent resident, was arrested at the Laredo port of entry on Oct 27, 2010 after an ID check flagged him as a suspected narcotics smuggler.
- CBP detained him in hard secondary, handcuffed, while a luggage search later revealed DVDs with child pornography.
- ICE arrived, Mirandized him at ~1:50 p.m., and he first confessed at ~4:15 p.m. after prosecutors indicated prosecution would occur; a Written confession followed from 4:20–5:10 p.m. with signing at 6:00 p.m.
- A second round of questioning by ICE at ~9:00 p.m. sought information about additional material at his Arkansas home, leading to further investigation and a later search.
- The U.S. Attorney agreed to prosecute at 3:22 p.m. on Oct 27, but the arrestee was not presented to a magistrate until two days later; the district court denied suppression and the conviction followed by a 63-month sentence.
- Boche-Perez appealed the denial of his motion to suppress the confessions; the district court’s rulings were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether delay in presentment violated McNabb-Mallory | Boche-Perez argues delay beyond six hours violated McNabb-Mallory. | Government contends delay was reasonable given coordination at a busy port and immigration processing. | Yes; delay was reasonable under totality of circumstances, so not suppressed. |
| Whether confessions were voluntary despite delay | Delays tainted voluntariness, rendering confessions involuntary. | Delays did not coerce; waivers were valid and interviews were non-coercive. | Confessions were voluntary under 18 U.S.C. § 3501(b). |
| Whether the 9:00 p.m. confession implicates Miranda/McNabb-Mallory | 3rd confession potentially tainted by delayed presentment. | Delay after first confession, though long, did not render the 9:00 p.m. confession inadmissible. | Harmless error; no suppression required for the 9:00 p.m. confession. |
Key Cases Cited
- Corley v. United States, 556 U.S. 303 (U.S. 2009) (prompt-presentment rule; Corley overruled some pre-Corley understandings of McNabb-Mallory)
- McNabb v. United States, 318 U.S. 332 (U.S. 1943) (origin of McNabb-Mallory rule; prohibits unnecessary delays in presentment)
- Mallory v. United States, 354 U.S. 449 (U.S. 1957) (clarified timing and purpose of delay; basis for McNabb-Mallory analysis)
- United States v. Perez-Bustamante, 963 F.2d 48 (5th Cir. 1992) (balance of voluntariness factors in totality of circumstances)
- Garcia-Hernandez, 569 F.3d 1100 (9th Cir. 2009) (tolerated administrative delays at border as reasonable McNabb-Mallory delay)
- Valenzuela-Espinoza, 697 F.3d 742 (9th Cir. 2011) (distinguishable; delay unrelated to completing arraignment can require suppression)