Remand Regarding Voluntariness of Appeal Waiver Ordered

US v. Livingston, -- F.3d --, 2009 WL 3806675 (10th Cir. 11/16/09) - remand for evidentiary hearing to determine whether Mr. Livingston voluntarily waived his right to appeal the denial of his motion to suppress evidence seized from a search of his motel room by entering into a stipulation of the underlying facts for purposes of his bench trial. The stipulations covered all elements of the charged crimes and seemed to amount to unconditional guilty pleas that would waive all non-jurisdictional defenses. Mr. Livingston claimed he was told that he would still be able to appeal the suppression ruling.