U.S. v. Johnson

In instant appeal, defendant challenged Dist. Ct.'s denial of his motion to suppress his incriminating statements and evidence seized from his home, where said motion had been filed in first indictment alleging drug and firearms charges that had been subsequently dismissed without prejudice due to Speedy Trial Act violation, and where defendant had failed to file similar motion to suppress in second indictment alleging the same charges that formed basis of instant appeal. Although Ct. of Appeals found that orders entered in first indictment were not properly before it in instant appeal, it further found that instant record should be expanded to include filings associated with motion to suppress in first case, which could be reviewed under plain error standard, where: (1) defendant did not have opportunity to appeal denial of motion to suppress due to subsequent dismissal of first indictment; and (2) it was understandable that defendant did not file motion to suppress in second case since he could have reasonably believed that prior denial constituted law of case.