United States v. Baldacchino

BOWNES, C.J. This is an appeal from findings and rulings made at a pretrial hearing on motions to suppress and dismiss. Pursuant to Fed. R. Crim. P. 11(a)(2), defendant Shaun Vincent Baldacchino entered a conditional plea of guilty to importation of 1,389 pounds of marijuana and possession with intent to distribute in violation of 18 U.S.C. § 2, 21 U.S.C. §§ 841(a)(1), 952 (1982). Baldacchino alleges that his motions to suppress and dismiss the indictment should have been granted because: (1) he was arrested illegally, without probable cause: (2) all statements made by him were the fruits of an illegal arrest; (3) his statements should have been suppressed because they were not freely and voluntarily given; and (4) the government breached its plea agreement with him after dismissing the original indictment against him in exchange for his testimony by subsequently reindicting him. We find that none of these challenges warrant reversal and affirm the district court's decision.