Moises Sanchez-Llamas, a national of Mexico, was convicted of attempted murder in Oregon after engaging police in an armed confrontation.

Mario Bustillo, a national of Honduras, was convicted of murder in Virginia for beating a man to death with a baseball bat.

Both Sanchez-Llamas and Bustillo filed state habeas petitions in their respective cases arguing that their right to consular notification had been violated.

[1] The Court reasoned that the exclusionary rule is idiosyncratic to American jurisprudence and so could not have been in contemplation by other nation-states when they ratified the Vienna Convention.

However, the Supreme Court was unwilling to rule whether or not Article 36 created individual rights that had to be honored in state criminal proceedings.