CA9: Arbitrary local rule in D. Ariz. delaying first appearances unreasonable

The District of Arizona at Tucson’s 10:30 am notification rule, not well publicized and not subject to judicial notice, was invalid where the defendant was arrested at 7:30 am ten miles from the courthouse but a Spanish speaking agent could not be located before 10:30. The delay in his arraignment until the next day was unreasonable under McNabb–Malloy. United States v. Valenzuela-Espinoza, 697 F.3d 742 (9th Cir. 2012):

Here, Valenzuela-Espinoza was arrested just ten miles from the courthouse almost three hours before the scheduled arraignment calendar. The delay here was not reasonable “given the means of transportation and the distance to be traveled to the nearest available magistrate.” Corley, 129 S. Ct. at 1571. The 10:30 a.m. notification policy cannot by itself create a reasonable delay. To hold otherwise would stand the McNabb-Mallory rule on its head. It is not the longstanding principle embodied in McNabb-Mallory that must give way to local paperwork needs, but the local paperwork policy that must be tailored to the requirements of McNabb-Mallory, its implementing statute, and rule.