United States v. Deborah Delaplane, Paul Mosher and Michael O'Brien

BARRETT, Circuit Judge.

These consolidated appeals are before us in accordance with Fed.Rules Cr.Proc. rule 11(b), 18 U.S.C. Under Rule 11(b), a defendant “may enter a conditional plea of guilty or nolo contendere, reserving in writing the right, on appeal from the judgment, to review of the adverse determination of any specified pre-trial motion.” Rule 11(b) also provides that if “the defendant prevails on appeal, he shall be allowed to withdraw his plea.”

Michael O’Brien (O’Brien), Paul Mosher (Mosher) and Deborah Delaplane (Delaplane) 1 were indicted on March 30, 1983, and charged with…