U.S. v. Desotell

Ct. of Appeals dismissed defendant’s appeal of Dist. Ct.’s denial of his pre-trial motion to suppress evidence, where language in plea agreement contained provision that defendant waived any claims that he might have raised in any pretrial motion. Moreover, while trial counsel disagreed with Dist. Ct. that waiver in plea agreement covered defendant’s motion to suppress, Dist. Ct. clearly advised defendant that waiver in plea agreement covered his motion to suppress, and defendant still agreed to plead guilty to charge. Also, counsel’s failure to address plea agreement waiver in defendant’s opening brief constituted second waiver of issue.