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.
