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U.S. v. STEVENS, CR413-203. (2015)

Court: District Court, S.D. Georgia Number: infdco20150528a56 Visitors: 11
Filed: May 19, 2015
Latest Update: May 19, 2015
Summary: REPORT AND RECOMMENDATION G. R. SMITH , Magistrate Judge . On April 15, 2015, defendant Kendall Stevens filed a motion to suppress his post-arrest statements on the ground that they were involuntary or obtained in violation 18 U.S.C. 3501. Doc. 220. Defendant has since entered an unconditional plea of guilty to Count One of the indictment, doc. 236 (change of plea entered May 11, 2015), thus waiving all nonjurisdictional claims predating his plea. Tollett v. Henderson, 411 U.S. 258 ,
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REPORT AND RECOMMENDATION

On April 15, 2015, defendant Kendall Stevens filed a motion to suppress his post-arrest statements on the ground that they were involuntary or obtained in violation 18 U.S.C. § 3501. Doc. 220. Defendant has since entered an unconditional plea of guilty to Count One of the indictment, doc. 236 (change of plea entered May 11, 2015), thus waiving all nonjurisdictional claims predating his plea. Tollett v. Henderson, 411 U.S. 258, 267 (1973); United States v. Pierre, 120 F.3d 1153, 1155 (11th Cir. 1997). As defendant's unconditional guilty plea precludes any further challenge to the admissibility of his confession, his motion to suppress (doc. 220) should be DENIED as moot.

SO REPORTED AND RECOMMENDED.

Source:  Leagle

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