Friday, March 11, 2005

US v. Lopez-Armenta

No. 04-10081 (3-10-05). The defendant moved to suppress evidence. The ruling went against him. He then pled guilty without a plea agreement (getting safety valve), but seeking to preserve his suppression issue. The district court at sentencing advised appellant he had a right of appeal. On appeal, the gov't moved to dismiss because he had entered an unconditional guilty plea. The 9th granted the motion. The 9th acknowledged some ambiguity in the district court's advisement that there was a right of appeal, but the guilty plea itself was unconditional, and that, under precedent, would waive the right to continue to argue that issue. See US v. Floyd, 108 F.3d 202 (9th Cir. 1997).


Post a Comment

<< Home