After six continuances in 18 months or so, the defendants’ motion to suppress and other motions filed on the eve of trial are denied as untimely. United States v. Phillips, 2020 U.S. Dist. LEXIS 42782 (D. Nev. Mar. 11, 2020).
Defendant’s guilty plea waived his Fourth Amendment claim, and there was no suggestion that a conditional plea was even possible, let alone offered by the government. “Moreover, Jefferson proffers no evidence suggesting that the Government offered (or would have offered), or that the Court would have accepted, a conditional plea that preserved his right to appeal the denial of his Motion to Suppress. Cf. Missouri v. Frye, 566 U.S. 134, 148, 132 S. Ct. 1399, 182 L. Ed. 2d 379 (2012) (‘[A] defendant has no right to be offered a plea, nor a federal right that the judge accept it.’ (citations omitted)); Lafler v. Cooper, 566 U.S. 156, 168, 132 S. Ct. 1376, 182 L. Ed. 2d 398 (2012) (discussing that a defendant cannot demonstrate prejudice with respect to a plea offer ‘[i]f no plea offer is made’). Thus, because Jefferson cannot demonstrate any deficiency of counsel or resulting prejudice, Claim Five (d) will be dismissed.” United States v. Jefferson, 2020 U.S. Dist. LEXIS 42723 (E.D. Va. Mar. 11, 2020).*