United States Court of Appeals For the Seventh Circuit
Criminal Procedure — waiver
An unconditional guilty plea waives the right to challenge a ruling on a suppression motion, even for plain error.
“[O]ther circuits have disagreed with us on this question. They treat an unconditional plea as a procedural waiver, which can in turn be waived or forfeited by the government, and interpret Tollett as addressing the preclusive effect of a guilty plea rather than subject-matter jurisdiction. See De Vaughn, 694 F.3d at 1155-58 (declining to follow Combs); Jacobo Castillo, 496 F.3d at 955-56. But even if we felt it necessary to revisit our precedent as Adigun urges, we do not believe this case presents a proper occasion to do so. Whether the bar is jurisdictional or procedural, the government has invoked it by asserting the preclusive effect of Adigun’s unconditional plea. The government did not waive or forfeit the issue as it did in Robinson, Jacobo Castillo, and De Vaughn. No case in any circuit permits review when a defendant’s waiver has been asserted by the government. So there is little need to resolve any tension in precedent here. We therefore conclude that we cannot review Adigun’s Fourth Amendment claims.”
Appeal from the United States District Court for the Southern District of Illinois, Murphy, J., Williams, J.