U.S. v. Montes-Zarate, MONTES-ZARAT
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Writing for the Court | Before HUFSTEDLER, GOODWIN and ANDERSON; PER CURIAM |
| Citation | 552 F.2d 1330 |
| Parties | UNITED STATES of America, Appellee, v. Robertoppellant. |
| Decision Date | 29 April 1977 |
| Docket Number | MONTES-ZARAT,A,No. 76-3354 |
Page 1330
v.
Roberto MONTES-ZARATE, Appellant.
Ninth Circuit.
Page 1331
Ross Anderson, argued, Jones, Hunter & Lerch, Phoenix, Ariz., for appellant.
Michael D. Hawkins, U. S. Atty., W. Ronald Jennings, Asst. U. S. Atty., argued, Phoenix, Ariz., for appellee.
Appeal from the United States District Court for the District of Arizona.
Before HUFSTEDLER, GOODWIN and ANDERSON, Circuit Judges.
PER CURIAM:
The appellant was convicted of possession of marijuana with intent to distribute. The marijuana was found in the trunk of the automobile that he was driving. On appeal he contends: (1) his incriminating statements should have been suppressed pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); (2) the government subjected him to unnecessary and unreasonable delay in bringing him before a judicial officer; and (3) the district court did not have jurisdiction over the subject matter of Count IV of the indictment.
Appellant and the officers testified about the warnings given and how he understood them. The testimony was in conflict. On the motion to suppress his statement, the government's evidence included a written statement of the rights of an accused, printed in the Spanish language, and signed by the appellant. The officers also described the way they advised the appellant of his rights. The judge had the right to believe the government's evidence. When all the evidence is considered together, we cannot say the trier's finding of adequate warning was "clearly erroneous."
On the point of the alleged violation of Fed.R.Crim.P. 5(a), the government would have to explain the four-day delay in taking the appellant before a magistrate had there been any prejudice to his defense. But the only incriminating statement made by the appellant was given within an hour after his arrest. The period from Friday night, June 25, to Tuesday morning, June 29, 1976, while the appellant was in custody thus had no prejudicial effect upon the defendant and did not offend Mallory v. United States, 354 U.S. 449, 77 S.Ct. 1356, 1 L.Ed.2d 1479 (1957), and McNabb v. United States, 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819 (1943).
Appellant claims that the district court did not have jurisdiction over the fourth count of the indictment because no interstate nexus was established. It is unclear whether the appellant is...
To continue reading
Request your trial
-
United States v. Rinaldi, 3:18-CR-279
...E. & W. Texas Ry. Co. v. United States, 234 U.S. 342, 34 S.Ct. 833, 58 L.Ed. 1341 (1914)). See also, United States v. Montes-Zarate, 552 F.2d 1330, 1331 (9th Cir. 1977) ("It is unclear whether the appellant is challenging the constitutionality of 21 U.S.C. § 841(a), or whether the appellant......
-
Raich v. Ashcroft, No. 03-15481.
...Kim, 94 F.3d 1247, 1249-50 (9th Cir. 1996); United States v. Visman, 919 F.2d 1390, 1393 (9th Cir.1990); United States v. Montes-Zarate, 552 F.2d 1330, 1331 (9th Cir.1977); United States v. Rodriquez-Camacho, 468 F.2d 1220, 1222 (9th Cir.1972). But none of the cases in which the Ninth Circu......
-
U.S. v. Henson, Nos. 94-50574
...that intrastate drug trafficking substantially affects interstate commerce. E.g., 21 U.S.C. § 801(3); United States v. Montes-Zarate, 552 F.2d 1330, 1331 (9th Cir.1977), cert. denied, 435 U.S. 947, 98 S.Ct. 1532, 55 L.Ed.2d 545 (1978). As we have earlier It would be highly illogical to beli......
-
U.S. v. Fernandez, No. 01-50082.
...in order to establish jurisdiction of the subject matter" in most prosecutions under 21 U.S.C. § 841(a). United States v. Montes-Zarate, 552 F.2d 1330, 1331 (9th Cir.1977) (per curiam); see also United States v. Tisor, 96 F.3d 370, 374-75 (9th Cir.1996); United States v. Visman, 919 F.2d 13......
-
United States v. Rinaldi, 3:18-CR-279
...E. & W. Texas Ry. Co. v. United States, 234 U.S. 342, 34 S.Ct. 833, 58 L.Ed. 1341 (1914)). See also, United States v. Montes-Zarate, 552 F.2d 1330, 1331 (9th Cir. 1977) ("It is unclear whether the appellant is challenging the constitutionality of 21 U.S.C. § 841(a), or whether the appellant......
-
Raich v. Ashcroft, No. 03-15481.
...Kim, 94 F.3d 1247, 1249-50 (9th Cir. 1996); United States v. Visman, 919 F.2d 1390, 1393 (9th Cir.1990); United States v. Montes-Zarate, 552 F.2d 1330, 1331 (9th Cir.1977); United States v. Rodriquez-Camacho, 468 F.2d 1220, 1222 (9th Cir.1972). But none of the cases in which the Ninth Circu......
-
U.S. v. Henson, Nos. 94-50574
...that intrastate drug trafficking substantially affects interstate commerce. E.g., 21 U.S.C. § 801(3); United States v. Montes-Zarate, 552 F.2d 1330, 1331 (9th Cir.1977), cert. denied, 435 U.S. 947, 98 S.Ct. 1532, 55 L.Ed.2d 545 (1978). As we have earlier It would be highly illogical to beli......
-
U.S. v. Fernandez, No. 01-50082.
...in order to establish jurisdiction of the subject matter" in most prosecutions under 21 U.S.C. § 841(a). United States v. Montes-Zarate, 552 F.2d 1330, 1331 (9th Cir.1977) (per curiam); see also United States v. Tisor, 96 F.3d 370, 374-75 (9th Cir.1996); United States v. Visman, 919 F.2d 13......