United States v. Adebisi Adigun
2012 U.S. App. LEXIS 26545
| 7th Cir. | 2012Background
- Adigun charged with three drug offenses after two seizures; March 16 seizure in church parking lot led to arrest, later traced to crack cocaine; April 7 seizure during stop revealed cocaine residue and led to arrest; suppression rulings were issued, vacated, or contested; Adigun entered an open guilty plea on the trial day; district court calculated guideline range including FSA 18:1 ratio and imposed 151 months; on appeal Adigun argues suppression errors and misapplied mandatory minimum; court ultimately finds waiver and harmless error preclude review of several issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of suppression claims by unconditional plea | Adigun sought to preserve via conditional plea | Plea was unconditional; no written reservation | Plea was unconditional; suppression claims barred |
| Court jurisdiction to review pre-plea rulings after unconditional plea | Robinson allows plain-error review of pre-plea issues | Combs controls; no jurisdiction to review | Cannot review suppression rulings under Combs (no jurisdiction) |
| Harmlessness of misapplied mandatory minimum | Ten-year minimum should reduce under FSA/Dorsey | Error harmless given correct Guideline range | Error harmless; sentence within correct range; affirmed |
| Impact of admissibility rulings on sentence | Suppression issues affect credibility and weight | Court’s credibility determinations stand; no impact on sentence | Not dispositive; affirmed final sentence |
Key Cases Cited
- United States v. Combs, 657 F.3d 565 (7th Cir.2011) (unconditional plea can bar review of pre-plea issues; plain-error review limited when jurisdiction exists)
- United States v. Robinson, 20 F.3d 270 (7th Cir.1994) (plain-error review after unconditional plea; jurisdictional divide among circuits)
- United States v. Cain, 155 F.3d 840 (7th Cir.1998) (waiver effect of guilty plea on pre-plea suppression claims)
- United States v. Yasak, 884 F.2d 996 (7th Cir.1989) (conditional plea basis; distinguished when no written reservation present)
- Tollett v. Henderson, 411 U.S. 258 (1983) (preclusive effect of guilty plea on independent claims)