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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.