Filed: May 20, 2011
Latest Update: Feb. 22, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Argued May 6, 2011 Decided May 20, 2011 Before WILLIAM J. BAUER, Circuit Judge MICHAEL S. KANNE, Circuit Judge TERENCE T. EVANS, Circuit Judge No. 10-2882 UNITED STATES OF AMERICA, Appeal from the United States Plaintiff-Appellee, District Court for the Northern District of Illinois, Eastern Division. v. No. 1:07-cr-00864-1 MOHAMMED A
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Argued May 6, 2011 Decided May 20, 2011 Before WILLIAM J. BAUER, Circuit Judge MICHAEL S. KANNE, Circuit Judge TERENCE T. EVANS, Circuit Judge No. 10-2882 UNITED STATES OF AMERICA, Appeal from the United States Plaintiff-Appellee, District Court for the Northern District of Illinois, Eastern Division. v. No. 1:07-cr-00864-1 MOHAMMED A...
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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Argued May 6, 2011
Decided May 20, 2011
Before
WILLIAM J. BAUER, Circuit Judge
MICHAEL S. KANNE, Circuit Judge
TERENCE T. EVANS, Circuit Judge
No. 10‐2882
UNITED STATES OF AMERICA, Appeal from the United States
Plaintiff‐Appellee, District Court for the Northern
District of Illinois, Eastern Division.
v.
No. 1:07‐cr‐00864‐1
MOHAMMED A. SODAGAR,
Defendant‐Appellant. Joan Humphrey Lefkow.
Judge.
O R D E R
Defendant‐appellant Mohammed A. Sodagar pleaded guilty to five counts of filing
fraudulent claims in violation of 18 U.S.C. § 287, two counts of fraud in connection with
identification documents and authentication features in violation of 18 U.S.C. § 1028(a)(3)
and (a)(5), one count of misuse of a social security number in violation of 42 U.S.C.
§ 408(a)(7)(A), and two counts of fraud in connection with counterfeit access devices in
No. 10‐3240 Page 2
violation of 18 U.S.C. § 1029(a)(1) and (a)(3). He now challenges the district court’s denial of
a motion to suppress evidence of these crimes that was obtained during a search of his home.
It is well‐settled that a guilty plea operates as a waiver of any non‐jurisdictional issues.
United States v. Rogers, 387 F.3d 925, 932 (7th Cir. 2004). Non‐jurisdictional issues are only
preserved when, with the approval of the court and the consent of the government, a defendant
explicitly conditions his plea of guilty on the right to appeal adverse determinations on those
issues under Fed. R. Crim. P. 11(a)(2).
There is no evidence that Sodagar preserved his right to appeal the district court’s denial
of his motion to suppress; his pleas were general and unconditional. Accordingly, we find that
he has waived any right to appellate review of the issue.
Since there are no other issues before us, we hereby order that the defendant’s conviction
and sentence be AFFIRMED.