Background
Theotis Thornton pleaded guilty to possessing methamphetamine and phencyclidine with intent to distribute, being a felon in possession of a firearm, and possessing a firearm in furtherance of a drug-trafficking crime. He appealed his conviction, arguing that the district court erred in denying his motion to suppress evidence seized during a search of a house.
The court’s reasoning
The court noted that the appeal was untimely, filed one day after the fourteen-day period prescribed by Federal Rule of Appellate Procedure four, subsection b, paragraph one, subsection A, ended. However, the court proceeded to the merits because the time limit is a claims-processing rule, not a jurisdictional bar. The court found that Thornton entered a knowing and voluntary unconditional guilty plea. Under Eighth Circuit precedent, a defendant who pleads guilty waives all nonjurisdictional defenses, including suppression issues not expressly reserved by a conditional plea. The record contained nothing to suggest Thornton could reasonably expect to appeal the denial of his motion to suppress.
It is well established in this Circuit that a defendant who pleads guilty waives all nonjurisdictional defenses, including all suppression issues not expressly reserved by a conditional plea.
United States v. Villa-Madrigal, 683 F.3d 924, 926 (8th Cir. 2012)
What it means going forward
Defendants who enter unconditional guilty pleas in the Eighth Circuit cannot later challenge suppression issues on appeal, even if their notice of appeal is filed slightly late.