Eleventh Circuit Court of Appeals - Published Opinions

Monday, June 01, 2020

Andres: Neither Strategy Nor Inadvertence Excuses Failure to Timely File Suppression Motion

In United States v. Andres, No. 19-10823 (Lagoa, Branch, Fay), the Court, without oral argument, affirmed the defendant’s conviction and sentence.

The Court upheld the denial of a motion to suppress.  The Court reviewed for plain error because the defendant failed to timely file his motion, and neither strategy nor inadvertence could excuse that failure.  The Court found  that, based on the particular facts of the case, the officers had probable cause to justify a traffic stop.

The Court upheld the denial of a reduction for acceptance of responsibility.  The defendant proceeded to trial, he argued that he was innocent, and there was no indication that he did so only to preserve a legal argument.  Thus, this was not one of the rare cases that goes to trial in which acceptance remains appropriate.