United States v. Martin Ledezma-Dominguez , 471 F. App'x 880 ( 2012 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 11-14671 ELEVENTH CIRCUIT
JUNE 13, 2012
Non-Argument Calendar
________________________ JOHN LEY
CLERK
D.C. Docket No. 1:11-cr-00102-CG-M-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARTIN LEDEZMA-DOMINGUEZ,
JOSE MANUEL RUVIRA-GONZALEZ,
Defendants-Appellants.
________________________
Appeal from the United States District Court
for the Southern District of Alabama
________________________
(June 13, 2012)
Before CARNES, JORDAN, and ANDERSON, Circuit Judges.
PER CURIAM:
Martin Ledezma-Dominguez and Jose Ruvira-Gonzales appeal their
convictions for conspiracy to possess with intent to distribute cocaine and
possession with intent to distribute cocaine under 21 U.S.C. §§ 841(a)(1) and 846.
They argue that the district court should have suppressed evidence from a search
of their vehicle and their statements after that search, but neither filed a motion to
suppress or otherwise raised either issue in the district court.
A motion to suppress evidence must be made before trial, and a party
waives an objection to admission of evidence by not timely raising it. See Fed. R.
Crim. P. 12(b)(3)(C), (e). This waiver may be excused by a showing of good
cause. See Fed. R. Crim P. 12(e). The defendants have not argued that there is
good cause for their failure to raise their suppression arguments in the district
court, so they have waived them. See United States v. Barrington, 648 F.3d 1178,
1190 (11th Cir. 2011).
AFFIRMED.
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