Gerhardt

United States v. Gerhardt

Good Law
51 F. App'x 713
United States Court of Appeals for the Ninth CircuitNovember 22, 2002No. 01-30217; D.C. No. CR-00-00167-A-JKSCalifornia1,858 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Charles Gerhardt (“Ger-hardt”) appeals his conviction by guilty plea and sentence for one count of growing marijuana in violation of 21 U.S.C. § 841 . Gerhardt appeals the denial of his motion to suppress allegedly unconstitutionally seized evidence. He also alleges that a number of reversible errors occurred at the sentencing hearing before the District Court. We have jurisdiction to hear this appeal pursuant to 28 U.S.C. § 1291 . Because the parties are familiar with the facts, we recite only those necessary to explain our disposition. For the reasons set forth below, we affirm both Gerhardt’s conviction and sentence.

I. Appeal of Motion to Suppress Evidence

This court lacks jurisdiction to hear Gerhardt’s appeal of the District Court’s *715 order denying his motion to suppress evidence because he entered an unconditional guilty plea. The effect of an unconditional guilty plea is to waive the right to appeal “all non-jurisdictional antecedent rulings and cure[] all antecedent constitutional defects.” United States v. Floyd, 108 F.3d 202, 204 (9th Cir.1997). Although Gerhardt alleges that his plea was not unconditional, all of the evidence runs contrary…

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