United States v. Desotell

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Green Bay police arrested Desotell while investigating a retail theft. He admitted to owning two bags containing methamphetamine and a handgun, which police discovered while searching a vehicle that had been involved in the theft earlier that day. Desotell was not a suspect in the theft but was charged with conspiracy to distribute and to possess with intent to distribute 500 grams or more of methamphetamine, and knowingly using or carrying a firearm during and in relation to a drug trafficking crime. Desotell agreed to plead guilty but later moved to suppress the evidence. While the motion was pending, the government indicated that he had to sign the plea agreement by March 9, 2018. Thinking that signing the agreement would mean withdrawing the motion, Desotell delayed. The government prepared for trial. Desotell unsuccessfully moved to enforce the unsigned plea agreement. Desotell then signed a plea agreement and the government withdrew the information. The district court confirmed that the agreement was a general plea, not a conditional plea and contained “no reservations of any right to appeal.” Desotell, through counsel, agreed but emphasized that he did not believe the waiver was effective because, at the time Desotell initially agreed to the wording, he had not contemplated filing his motion to suppress. The district court stated repeatedly that a defendant must expressly reserve his right to appeal. The court accepted the plea and sentenced Desotell to 180 months in prison—the mandatory minimum. The Seventh Circuit dismissed, based on the appeal waiver. View "United States v. Desotell" on Justia Law