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221918P.pdf   07/11/2023  United States  v.  Andrew Pierson
   U.S. Court of Appeals Case No:  22-1918
   U.S. District Court for the Eastern District of Arkansas - Central   
[PUBLISHED] [Smith, Author, with Stras and Kobes, Circuit Judges] Criminal case - Criminal law and Sentencing. With respect to Mexican authorities' actions in seizing and searching defendant prior to bringing him to the U.S. - Mexican border, the conduct did not shock the judicial conscience, and the evidence seized by those authorities was admissible; on this record, the district court did not err in declining to extend the exclusionary rule to the alleged conduct of the Mexican authorities; U.S. law enforcement was not engaged in a joint venture with Mexican law authorities warranting extension of the exclusionary rule to his seizure and subsequent search in Mexico; the district court did not err in determining that defendant's Miranda waiver was voluntary, knowing, and intelligent; due process challenge rejected as there was no evidence that U.S. authorities tortured defendant, knew of any torture, or paid Mexican officials to carry it out; the district court did not abuse its discretion in imposing an upward variance, and defendant's sentence was not substantively unreasonable.