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US v. Vasquez-Martinez, 08-5977

By FindLaw Staff on August 16, 2010 2:26 PM

US v. Vasquez-Martinez, 08-5977, concerned a challenge to the district court's denial of defendant's motion to suppress evidence found during an investigative stop, in a prosecution of defendant for conspiracy to distribute methamphetamine and possession of a firearm in furtherance of that crime.

As stated in the decision: "Vasquez-Martinez pled guilty at his arraignment hearing and at no point during the proceedings signed a written plea agreement.  Nor did he make any attempt to enter a conditional plea of guilty that would have reserved his right to appeal the denial of his motion to suppress."

Thus, in affirming. the court held that defendant's right to appeal the ruling is precluded by Rule 11(a)(2) because he pled guilty without the benefit of a plea agreement and without reserving the right to have the appellate court review the adverse ruling on his pretrial motion to suppress.

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