USA v. Sanfilippo, No. 22-11175 (11th Cir. 2024)Annotate this Case
Joseph Sanfilippo, the defendant, appealed his conviction for wire fraud, arguing that the district court erred in denying his motion to dismiss the indictment because it was issued after the expiration of the federal statute of limitations. The United States Court of Appeals for the Eleventh Circuit dismissed Sanfilippo's appeal. The court reasoned that Sanfilippo had entered an unconditional guilty plea to one of eight counts in the indictment and, under precedent, waived his ability to appeal the district court’s denial of his motion to dismiss the indictment. The court found no evidence in the record indicating that the district court and the government had consented to Sanfilippo reserving his ability to appeal the district court’s denial of his motion to dismiss, which would be required for a conditional plea under Rule 11(a)(2). Therefore, the court concluded that Sanfilippo's plea was not conditional under Rule 11(a)(2), and he had waived his ability to appeal the district court’s denial of his motion to dismiss.