United States v. Charles A. Armstrong, 546 F. App'x 936

Armstrong pled guilty to conspiracy to distribute and possess marijuana with intent to distribute, possession with intent to distribute, and felon in possession of a firearm; he received a 190-month sentence.
A pre-trial motion to suppress challenged the search warrant’s particularity and the property identified.
The warrant described Millers Ferry Road premises at 4671 Millers Ferry Rd, including features of the property and nearby structures, with several factual errors.
Armstrong argued the warrant failed to authorize a search of the Cadillac found on the property, and the curtilage or automobiles, raising Fourth Amendment concerns.
The district court denied suppression; Armstrong reserved appellate rights via a conditional plea, with government consent.
The Eleventh Circuit affirmed, rejecting default preservation concerns and holding the warrant authorized the Cadillac search; it also rejected ineffective-assistance and departure arguments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Cadillac search was authorized by the warrant	Armstrong (Armstrong) argues the warrant only covered the property, not the Cadillac.	Armstrong argues lack of curtilage/vehicle search authority.	No error; warrant’s reference to the property covered the Cadillac.
Whether trial counsel was ineffective for not raising suppression issues	Armstrong asserts ineffective assistance for failing to press the suppression challenge.	Counsel could reasonably decline meritless objections.	Cannot establish deficient performance or prejudice; claim rejected.
Whether the district court erred in sentencing and whether a 4A1.3 downward departure was warranted	Armstrong seeks departure due to overrepresentation of criminal history.	No jurisdiction to review departure; if reviewed, sentence within guidelines was reasonable.	No reversible error; district court acted within discretion; sentence affirmed.

United States v. Pierre, 120 F.3d 1153 (11th Cir. 1997) (conditional guilty-plea reservation framework for appellate review of pre-trial rulings)
United States v. McCoy, 477 F.2d 550 (5th Cir. 1973) (waiver of non-jurisdictional defects with a valid guilty plea)
United States v. Wai-Keung, 115 F.3d 874 (11th Cir. 1997) (arguments not raised below on appeal may be deemed abandoned)
United States v. Napoli, 530 F.2d 1198 (5th Cir. 1976) (warrant to search premises covered parked vehicle on those premises)
Brooks v. United States, 416 F.2d 1044 (5th Cir. 1969) (warrant covering lot and cabin authorized automobile search on premises)
United States v. Young, 350 F.3d 1302 (11th Cir. 2003) (plain-error review not raised grounds in suppression context)
United States v. Winingear, 422 F.3d 1241 (11th Cir. 2005) (downward-departure jurisdiction/limits under 4A1.3)