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US v. Walden, 08-5641

By FindLaw Staff on November 17, 2010 12:34 PM

Denial of motion to suppress in drug-related conviction

US v. Walden, 08-5641, concerned a challenge to the district court's refusal to consider an untimely motion to suppress made after defendant withdrew his guilty plea, in a prosecution of defendant for possession with the intent to distribute narcotics.

 

In affirming, the court held that the district court did not abuse its discretion by denying the motion as defendant did not establish good cause for granting relief from the waiver, and even though the district court allowed defendant to withdraw his plea, that does not by itself demonstrate good cause for granting a relief from the waiver.  Further, defendant cannot now challenge the search of the residence for failure to comply with Federal Rule of Criminal Procedure 41, as defendant has waived his ability to bring this motion.  The court also held that the record as part of this direct review is not sufficiently developed to address defendant's ineffective assistance of counsel claim.  Lastly, in light of defendant's counsel's failure to move for a judgment of acquittal at trial, the evidence is sufficient to support defendant's conviction.

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