Collins

MEMORANDUM *

Toijuana Collins appeals his jury conviction on one count of conspiracy to distribute cocaine base in violation of 21 U.S.C. §§ 846 and 841(a)(1) and the district court’s sentence of 240 months’ imprisonment. Because the facts are known to the parties, we recount them only as necessary to explain our analysis. For the reasons set forth below, we affirm.

I

We agree with Collins that the district court erred in admitting the incriminating statement that he made before he was properly advised under Miranda v. Arizona, 384 U.S. 436, 467 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), and that it abused its discretion in denying his suppression motion as untimely. Given the representa *101 tion in the F.B.I. report regarding the order of events during the interrogation, Collins’ counsel had no reason to suspect that incriminatory statements were made before the provision of Miranda warnings. These circumstances suffice to excuse the procedural default that ordinarily would apply. See Fed.R.Crim.P. 12(b)(3), (f) (while the failure to make a motion to suppress prior to trial “shall constitute waiver thereof,” the court “for cause shown may grant relief from the…