By: Derek Hawkins//July 30, 2019//
7th Circuit Court of Appeals
Case Name: United States of America v. Jimmy L. Desotell
Case No.: 18-2778
Officials: KANNE, BARRETT, and BRENNAN, Circuit Judges.
Focus: Plea Colloquy
Jimmy Desotell had an unexpected encounter with police officers one evening in Green Bay, Wisconsin. While he was trying to borrow a car from a friend, police arrived and informed him that the vehicle was suspected of use in a retail theft. But after being told that he was not a suspect and was free to leave, Desotell stuck around. He tried to remove bags from the car as police were about to search it, arousing the officers’ suspicion. As it turned out, the bags contained a firearm and drugs. After unsuccessfully trying to suppress the evidence, he agreed to plead. Despite tensions during negotiations, Desotell eventually signed a plea deal expressly waiving his right to appeal the motion to suppress. After an extensive colloquy in the district court hammering home the waiver, Desotell now appeals the precise issue he may not appeal. We therefore dismiss it as waived.
Dismissed