UPDATE: after some trial and error, i tracked down my problem to a bad install of SWAPNOTE (i believe that version was corrupted and was effecting the operating system somehow). once i uninstalled SWAPNOTE, the problem went away. i have since re-installed SWAPNOTE, and my system is still working normally. i haven't experienced the "non wake up" issue since. this was also the case with my friend's 3ds. once SWAPNOTE was uninstalled, the problem went away. if you're having this problem, try this solution. it may not be what's causing your "non wake up" issue, but it doesn't take long to test, and it's worth a shot. better than sending the unit in if you don't have to.
sadly, that's when ours started doing it. we have the lasted update (ver. 4.5.0-10U), and it's still malfunctioning. i think i'm going to send it in to nintendo to get it fixed. which, by the way, is what i found they recommend. which means they know it's a problem, but it's obviously not completely software related (but must be somewhat related because things were okay before the update), or an update would take care of the issue.
i'm having the exact same problem (3ds xl), and it's not just me. a friend is also having this same problem (regular 3ds). it's driving both of us crazy. neither of us have contacted nintendo yet, we just started looking around to see if there were others having this problem as well. we both noticed it started doing this after "swap note" updated to the latest version. it may have been something else updating, but that's when we both actually noticed it. i plan on looking around some more to see if there are others having this issue, plus i plan on contacting nintendo. if anyone else is experiencing this, please chime in. i'll update if i find anything out.
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