United States v. Nicholas Rogers

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 25-2089 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Nicholas Dewayne Rogers, also known as Nic

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Arkansas - Central ____________

Submitted: June 8, 2026 Filed: June 24, 2026 [Unpublished] ____________

Before COLLOTON, Chief Judge, ARNOLD and GRASZ, Circuit Judges. ____________

PER CURIAM.

After a police officer stopped a car that Nicholas Rogers was driving and found a gun inside, Rogers was indicted for being a felon in possession of a firearm. See 18 U.S.C. § 922(g)(1). He moved to suppress the gun on the ground that the police officer lacked reasonable suspicion to stop him and unlawfully prolonged the stop. The district court1 disagreed and denied the motion. Rogers later pleaded guilty to the offense without a plea agreement, and the district court sentenced him to 42 months in prison.

Rogers maintains on appeal that the district court erred in denying his motion to suppress. But "a guilty plea waives all suppression issues not expressly reserved by a conditional plea." See United States v. Villa-Madrigal, 683 F.3d 924, 926 (8th Cir. 2012). Rogers did not enter into a conditional guilty plea. See Fed. R. Crim. P. 11(a)(2). He hasn't offered any reason to suggest that he pleaded guilty unknowingly or involuntarily. See Villa-Madrigal, 683 F.3d at 926. In fact, he fails altogether to respond to the government's assertion that his unconditional plea estops him from challenging the denial of his suppression motion. So we conclude that Rogers has waived the challenges that he raises on appeal.

Affirmed. ______________________________

1 The Honorable Brian S. Miller, United States District Judge for the Eastern District of Arkansas.

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