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U.S. v. PEREZ-BUSTAMANTE

No. 91-2599.

963 F.2d 48 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael PEREZ-BUSTAMANTE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 29, 1992.

Attorney(s) appearing for the Case

Thomas S. Berg, Asst. Federal Public Defender, Roland E. Dahlin, II, Federal Public Defender, Houston, Tex., for defendant-appellant.

Paul T. Cappuccio, Assoc. Depty. Atty. Gen., U.S. Dept. of Justice, Paula Offenhauser, Asst. U.S. Atty., Washington, D.C., Ronald G. Woods, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before SNEED, REAVLEY, and BARKSDALE, Circuit Judges.

BARKSDALE, Circuit Judge:

The single issue before us is whether Rafael Perez-Bustamante's confession, given on Monday morning, the day before New Year's and approximately 60 hours after his Friday night arrest, should have been suppressed as involuntary, solely because, prior to his confession, he had not been taken before a magistrate. We AFFIRM.

I.

At 9:00 p.m. on Friday, December 28, 1990, in response to a sensor alert,2

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