United States v. Edit Sotoj-Lopez

Sotoj appeals from his conviction for assaulting an immigration officer with a deadly weapon. He contends that his conviction should be reversed because (1) the Government unreasonably delayed in bringing him before a magistrate in violation of McNabb v. United States, 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819 (1942) and Mallory v. United States, 354 U.S. 449, 77 S.Ct. 1356, 1 L.Ed.2d 1479 (1957); and (2) he was prejudiced by the erroneous admission of irrelevant evidence. We reverse for McNabbMallory error.

On December 5, 1978, three agents of the Immigration and Naturalization Service…