United States v. Saul Lopez-Armenta

Good Law
400 F.3d 1173·2005 WL 552992·2005 U.S. App. LEXIS 4007
United States Court of Appeals for the Ninth CircuitMarch 10, 200504-10081California1,635 words

Opinion

Opinion

Bybee, J.

Saul Lopez-Armenta was indicted for various charges related to the possession and distribution of methamphetamine and cocaine. After unsuccessfully moving to suppress evidence obtained through a search of his vehicle, Lopez entered an unconditional plea of guilty as to all counts listed in the indictment. He now appeals the district court’s denial of his motion to suppress, arguing that the police lacked both probable cause and reasonable suspicion and that his plea should not be construed as waiving his right to challenge the lower court’s ruling on these issues.

For the following reasons, we conclude that Lopez waived his right to appeal pretrial constitutional defects when he entered an unconditional guilty plea. Accordingly, we dismiss the appeal.

I

On the basis of evidence uncovered during the search of his vehicle, Lopez was indicted for conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841 , 846 and 18 U.S.C. § 2 , possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 and 18 U.S.C. § 2 , possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 , and interstate travel in aid of racketeering in…

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