United States v. Walden
2010 U.S. App. LEXIS 23620
| 6th Cir. | 2010Background
- Walden was investigated for illegal narcotics sales with confidential informant; a controlled buy occurred and a stop revealed drugs and cash.
- A search of Walden’s Wilmore Drive residence and a Maverick in the basement yielded cocaine, crack, marijuana, packaging and scales, and $21,000 cash.
- Walden faced a five-count federal indictment for possession with intent to distribute; he initially pleaded guilty but later withdrew.
- The court allowed withdrawal of the guilty plea but denied a new deadline to file pretrial motions, and Walden sought to file an untimely suppression motion afterward.
- Walden was convicted on Counts 2–5; Counts 3 carried life imprisonment; sentences were imposed accordingly.
- The Sixth Circuit affirmed, addressing timeliness and good-cause standards for waivers and the propriety of denying untimely suppression and related issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused discretion in denying untimely suppression motion | Walden | Walden | No; no good cause for waiver; district court did not abuse discretion |
| Whether withdrawal of guilty plea provides good cause to file late pretrial motions | Walden | Walden | No; withdrawal does not by itself create good cause for waiver |
| Whether Walden's ineffective assistance claim is ripe on direct appeal | Walden | Walden | Not ripe on direct appeal; may be pursued in collateral proceedings |
| Whether evidence was sufficient to sustain Walden's conviction without a judgment of acquittal | Walden | Walden | Yes; record contains evidence pointing to guilt, so no manifest miscarriage |
| Whether Rule 41/52 plain-error review salvages any waived challenges | Walden | Walden | Waived; Rule 52(b) plain-error review not available for waived grounds |
Key Cases Cited
- United States v. Lewis, 605 F.3d 395 (6th Cir. 2010) (abuse of discretion standard for untimely suppression motions)
- Morris v. Slappy, 461 U.S. 1 (U.S. 1983) (trial scheduling deference and docket management)
- United States v. Crossley, 224 F.3d 847 (6th Cir. 2000) (limits on expedited disregard for timely rulings)
- United States v. Haygood, 549 F.3d 1049 (6th Cir. 2008) (multi-factor test for fair and just reason to withdraw plea)
- United States v. Alexander, 948 F.2d 1002 (6th Cir. 1991) (withdrawal of plea standards and purpose of Rule 11(d)(2)(B))
- United States v. Ellis, 470 F.3d 275 (6th Cir. 2006) (withdrawal of plea in relation to fair and just reasons)
- United States v. Trobee, 551 F.3d 835 (8th Cir. 2009) (plea negotiations and pretrial motions deadlines)
- United States v. Turner, 602 F.3d 778 (6th Cir. 2010) (good cause and counsel's failure to file not automatically sufficient)
- United States v. Bloate, 534 F.3d 893 (8th Cir. 2008) (counseling misunderstandings not automatically good cause)
- United States v. Garcia, 528 F.3d 481 (7th Cir. 2008) (consequences of changing lawyers and decision to file late motions)
- United States v. Francis, 646 F.2d 251 (6th Cir. 1981) (extreme deference to district court's timeliness determinations)
- Massaro v. United States, 538 U.S. 500 (U.S. 2003) (ineffective assistance claims generally not on direct appeal)
- Lopez-Medina, 461 F.3d 724 (6th Cir. 2006) (ineffective assistance claims not ripe on direct appeal)
- Kincaide, 145 F.3d 771 (6th Cir. 1998) (waiver and pretrial motion deadlines)
- United States v. Ellis, 470 F.3d 275 (6th Cir. 2006) (as above)