U.S. v. Djenasevic, 8:02-cr-424-T-27MAP. (2018)
Court: District Court, M.D. Florida
Number: infdco20180419a70
Visitors: 5
Filed: Apr. 02, 2018
Latest Update: Apr. 02, 2018
Summary: REPORT AND RECOMMENDATION MARK A. PIZZO , Magistrate Judge . Defendant is serving a lengthy sentence for firearm and drug offenses. Eleven years after pleading guilty, he filed a forty-four page motion to suppress (doc. 482). The District Judge denied the motion (doc. 486). He now moves to appeal that denial in forma pauperis (doc. 492). His appeal, however, is objectively frivolous. 1 He waived any suppression issues by his guilty plea. United States v. Charles, 757 F.3d 1222 , 1227
Summary: REPORT AND RECOMMENDATION MARK A. PIZZO , Magistrate Judge . Defendant is serving a lengthy sentence for firearm and drug offenses. Eleven years after pleading guilty, he filed a forty-four page motion to suppress (doc. 482). The District Judge denied the motion (doc. 486). He now moves to appeal that denial in forma pauperis (doc. 492). His appeal, however, is objectively frivolous. 1 He waived any suppression issues by his guilty plea. United States v. Charles, 757 F.3d 1222 , 1227 ..
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REPORT AND RECOMMENDATION
MARK A. PIZZO, Magistrate Judge.
Defendant is serving a lengthy sentence for firearm and drug offenses. Eleven years after pleading guilty, he filed a forty-four page motion to suppress (doc. 482). The District Judge denied the motion (doc. 486). He now moves to appeal that denial in forma pauperis (doc. 492). His appeal, however, is objectively frivolous.1 He waived any suppression issues by his guilty plea. United States v. Charles, 757 F.3d 1222, 1227 n. 4 (11th Cir. 2014). Therefore, I recommend the motion (doc. 492) be denied.
IT IS SO REPORTED
NOTICE TO PARTIES
A party has fourteen days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. A party's failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1.
FootNotes
1. Plaintiff, despite his indigent status, has no absolute right to appeal in forma pauperis. To the contrary, his ability to appeal without prepayment of fees and costs is conditioned by Fed. R. App. P. 24(a)(3), which provides that "[a] party . . . who was determined to be financially unable to obtain an adequate defense in a criminal case, may proceed on appeal in forma pauperis without further authorization, unless: (A) the district court — before or after the notice of appeal is filed — certifies that the appeal is not taken in good faith. . . ." Id.; see also Mellen v. State of Fla., No. 3:13-cv-1233-J-34PDB, 2014 WL 5093885, at *12 (M.D. Fla. Oct. 9, 2014). The court must state in writing its reasons for the certification. Id. A party demonstrates good faith by seeking appellate review of an issue that is not objectively frivolous. Coppedge v. United States, 369 U.S. 438, 445 (1962).
Source: Leagle
