New opinion — a win for White Chocolate

When I’m prosecuted, I really hope the prosecutor lards the case caption with an incriminating-sounding a/k/a for me. (= ‘also known as’).  “USA v. Matthew Stiegler a/k/a Puppy-Squisher” or something. Some prosecutors can’t resist putting them in the caption, I guess they think they show what a bad guy the defendant is. But I suspect what judges really see is a red flag of prosecutorial overreaching.

Which brings us to today’s case, US v. Dwayne Thompson a/k/a White Chocolate a/k/a D. Mr. Chocolate was a cocaine supplier convicted of conspiracy to distribute cocaine and money laundering and sentenced to 292 months. The district court denied suppression of the fruits of a vehicle search and a confession he gave before he was presented to a magistrate judge for arraignment. Today, CA3 affirmed on the fruits but reversed and remanded on the statement. It held that Chocolate’s McNabb-Mallory right to prompt presentment was violated because most of the delay in arraigning him was due to the government’s effort to get him to cooperate.

Opinion by Greenaway, joined by McKee and Fuentes. Arguing counsel were Sarah Gannett of the EDPA FD for Mr. Chocolate and WDPA AUSA Michael Ivory for the government.