United States v. Cordero Garcia, 42 F.3d 697 (1st Cir. 1994). · Go Syfert
United States v. Cordero Garcia, 42 F.3d 697 (1st Cir. 1994). Cases Citing This Book View Copy Cite
130 citation events (77 in the last 25 years) across 16 distinct courts.
Strongest positive: United States v. Gonzalez (ca1, 2002-11-22)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
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examined Cited as authority (verbatim quote) United States v. Gonzalez (3×) also: Cited as authority (rule)
1st Cir. · 2002 · signal: see also · quote attribution · 1 verbatim quote · confidence high
an unconditional guilty plea effectuates a waiver of any and all independent non-jurisdictional lapses that may have marred the case's progress up to that point....
examined Cited as authority (verbatim quote) United States v. González (3×) also: Cited as authority (rule)
1st Cir. · 2002 · signal: see also · quote attribution · 1 verbatim quote · confidence high
an unconditional guilty plea effectuates a waiver of any and all independent non-jurisdictional lapses that may have marred the case's progress up to that point....
discussed Cited as authority (rule) United States v. Maldonado (2×) also: Cited "see, e.g."
1st Cir. · 2026 · confidence medium
The First Circuit has "assiduously followed the letter and spirit of Tollett, holding with monotonous regularity that an unconditional guilty plea effectuates a waiver of any and all - 11 - independent non-jurisdictional lapses that may have marred the case's progress up to that point." United States v. Cordero, 42 F.3d 697, 699 (1st Cir. 1994); see also id. at 698 (holding defendant's guilty plea waived challenge to district court's Fourth Amendment suppression ruling where the guilty plea "did not expressly reserve any right of appeal with respect to the antecedent suppression ruling"); Unit…
discussed Cited as authority (rule) Roger Lee Henderson, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
Terry v. Commonwealth, 27 Va. App. 664, 669 (1998) (“[A] defendant’s unconditional guilty plea does not automatically waive the right to appeal matters incident to sentencing as opposed to guilt.” (quoting United States v. Cordero, 42 F.3d 697, 699 (1st Cir. 1994)). -8- guidelines.
discussed Cited as authority (rule) United States v. Kitts
1st Cir. · 2022 · confidence medium
The information itself contains the statutory language setting forth the elements of the wire fraud and aggravated identity theft charges and a statement of the relevant facts: On or about the dates below, in the District of Massachusetts and elsewhere, the defendant, [Kimberly Kitts], having devised and intending to devise a scheme and artifice to defraud, and for obtaining money and property by means of materially false and fraudulent pretenses, representations and promises, did transmit and cause to be transmitted by means of wire communication in interstate commerce, writings, signs, signa…
discussed Cited as authority (rule) Panet-Panel v. United States
D.P.R. · 2021 · confidence medium
In the main, an unconditional guilty plea effectuates a waiver of any and all “independent claims relating to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea.” Tollet v. Henderson, 411 U.S. 258, 267 (1973); United States v. Cordero, 42 F.3d 697, 699 (1st Cir. 1994)(unconditional guilty plea waives independent non- jurisdictional lapses that may have marred the case’s progress up to that point).
cited Cited as authority (rule) United States v. Ketchen
1st Cir. · 2017 · confidence medium
See Tollett v. Henderson, 411 U.S. 258, 267 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973); United States v. Cordero, 42 F.3d 697, 699 (1st Cir. 1994).
discussed Cited as authority (rule) United States v. Scott
1st Cir. · 2017 · confidence medium
Once a criminal defendant enters such a plea, “he may not thereafter raise independent claims relating to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea.” Tollett v. Henderson, 411 U.S. 258, 267 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973). 3 In this circuit, “[w]e have assiduously followed the letter and spirit of Tollett, holding with monotonous regularity that an unconditional guilty plea effectuates a waiver of any and all independent non-jurisdictional lapses that may have marred the case’s progress up to that point.” United States v. Cor…
discussed Cited as authority (rule) Griffin v. Warden, NHSP
D.N.H. · 2017 · confidence medium
Guilty Plea In addition, Griffin has waived claims one through four by pleading guilty to the charge of theft by unauthorized taking. 8 See United State v. Cordero, 42 F.3d 697, 699 (1st Cir. 1994); Mack v. Dickhaut, 2012 WL 503683 , at *14 (D.
discussed Cited as authority (rule) United States v. Carrasquillo-Penaloza
1st Cir. · 2016 · confidence medium
“So long as the unconditional guilty plea is knowing and voluntary,” id. at 33, it “effectuates a waiver of any and all independent non-jurisdictional lapses that may have marred the case’s progress up to that point,” id. (quoting United States v. Cordero, 42 F.3d 697, 699 (1st Cir. 1994)).
discussed Cited as authority (rule) United States v. Diaz-Doncel (2×)
1st Cir. · 2016 · confidence medium
“Ordinarily a guilty plea, entered unconditionally — that is, without reserving an issue or issues for appeal — establishes guilt and forfeits all objections and defenses.” United States v. González, 311 F.3d 440, 442 (1st Cir.2002) (citing United States v. Cordero, 42 F.3d 697, 699 (1st Cir.1994)).
discussed Cited as authority (rule) United States v. Castro-Vazquez
1st Cir. · 2015 · confidence medium
This court has *33 “assiduously followed the letter and spirit of Tollett , holding with monotonous regularity that an unconditional guilty plea effectuates a waiver of any and all independent non-jurisdictional lapses that may have marred the case’s progress up to that point.” United States v. Cordero, 42 F.3d 697, 699 (1st Cir.1994).
discussed Cited as authority (rule) United States v. Serrano-Mercado (2×)
1st Cir. · 2015 · confidence medium
To support its statement that the PSR provides "competent evidence of the fact stated and, thus, is sufficient proof of that fact,” the court cited United States v. Pelletier, 469 F.3d 194, 202-03 (1st Cir.2006), and United States v. Cordero, 42 F.3d 697, 701 (1st Cir.1994), which involved challenges to the fact (Pelletier) or constitutionality (Cordero) of a conviction. 512 F.3d at 7 . .
discussed Cited as authority (rule) United States v. Turner
D. Mass. · 2011 · confidence medium
As the First Circuit has explained in an analogous situation, once the government has carried the “modest” burden of establishing the existence of a predicate conviction for the purpose of federal sentencing enhancement, the conviction is presumed valid, and it becomes the “defendant’s obligation to produce some evidence of unconstitutionality before a federal court may disregard the conviction.... ” See United States v. Cordero, 42 F.3d 697, 701 (1st Cir.1994) (addressing the defendant’s burden when challenging the consti *511 tutionality of a predicate conviction at the sentencin…
cited Cited as authority (rule) MacLeod v. USA
D.N.H. · 2011 · confidence medium
See United States v. Jimenez, 512 F.3d 1, 7 (1st Cir. 2007); United States v. Cordero, 42 F.3d 697, 701 (1st Cir. 1994) (upholding reliance on description in PSR for proof of predicate conviction).
discussed Cited as authority (rule) United States v. Vargas
1st Cir. · 2008 · confidence medium
Vargas does not argue that his plea was involuntary, see United States v. Gonzalez-Mercado, 402 F.3d 294, 298 (1st Cir.2005), or that the court lacked jurisdiction, see United States v. Cordero, 42 F.3d 697, 698-99 (1st Cir.1994).
discussed Cited as authority (rule) United States v. Jimenez
1st Cir. · 2007 · confidence medium
See United States v. Pelletier, 469 F.3d 194, 202-03 (1st Cir.2006) (explaining that “in the absence of any objection, a statement in a presentence report is sufficient to prove the fact proposed”); United States v. Cordero, 42 F.3d 697, 701 (1st Cir.1994) (upholding reliance on description in PSI Report for proof of predicate conviction). 4 That is the situation here.
discussed Cited as authority (rule) United States v. Brown (2×) also: Cited "see"
1st Cir. · 2007 · confidence medium
United States v. Cordero, 42 F.3d 697, 701 (1st Cir.1994); accord United States v. Barbour, 393 F.3d 82, 93 (1st Cir.2004).
discussed Cited as authority (rule) United States v. Gaffney
1st Cir. · 2006 · confidence medium
A. Waiver In Tollett , the Supreme Court held that a defendant who pleads guilty unconditionally waives all “independent claims relating to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea.” 411 U.S. at 267 , 93 S.Ct. 1602 ; United States v. Cordero, 42 F.3d 697, 699 (1st Cir.1994).
cited Cited as authority (rule) Abdul Karim v. Ashcroft
1st Cir. · 2005 · confidence medium
United States v. Cordero, 42 F.3d 697, 699 (1st Cir.1994).
discussed Cited as authority (rule) Pennington v. United States
E.D. Mo. · 2005 · confidence medium
United States v. Cordero, 42 F.3d 697, 699 (1st Cir.1994) ("We have assiduously followed the letter and spirit of Tollett , holding with monotonous regularity that an unconditional guilty plea effectuates a waiver of any and all independent and non-jurisdictional lapses that may have marred the case's progress up to that point, thereby absolving any errors in the trial court's antecedent rulings ...").
discussed Cited as authority (rule) Ferrara v. United States (2×)
D. Mass. · 2005 · confidence medium
Id. at 698.
discussed Cited as authority (rule) United States v. Gonzalez-Mercado
1st Cir. · 2005 · confidence medium
See United States v. Rodriguez-Castillo, 350 F.3d 1, 4 (1st Cir.2003) (“An unconditional guilty plea waives any and all independent non-jurisdictional claims arising out of alleged errors antedating the plea.”); United States v. Cordero, 42 F.3d 697, 698 (1st Cir.1994) (observing that “an unconditional guilty plea insulates virtually all earlier rulings in the case from appellate review”).
discussed Cited as authority (rule) United States v. Rogers, Theodore D.
7th Cir. · 2004 · confidence medium
See, e.g., United States v. Herrera, 265 F.3d 349, 351 (6th Cir. 2001) (“It is elemental that a guilty pleading defendant may not appeal an adverse pre-plea ruling . . . .” (emphasis added) (citing Tollett, 411 U.S. at 267 )); United States v. Arrellano, 213 F.3d 427, 430 (8th Cir. 2000) (noting “well established” rule that a defendant pleading guilty waives non-jurisdictional defenses); United States v. Cordero, 42 F.3d 697, 699 (1st Cir. 1994) (“We have assiduously fol- 8 (...continued) (6th Cir. 2003).
discussed Cited as authority (rule) United States v. Theodore D. Rogers and Winfred Owens
7th Cir. · 2004 · confidence medium
This view is consistent with the holdings of some of our sister circuits, and seems consistent with the Supreme Court’s view in Tollett, See, e.g., United States v. Herrera, 265 F.3d 349, 351 (6th Cir.2001) (“It is elemental that a guilty pleading defendant may not appeal an adverse pre-plea ruling .... ” (emphasis added) (citing Tollett, 411 U.S. at 267 , 93 S.Ct. 1602 )); United States v. Arrellano, 213 F.3d 427, 430 (8th Cir.2000) (noting “well established” rule that a defendant pleading guilty waives non-jurisdictional defenses); United States v. Cordero, 42 F.3d 697, 699 (1st Ci…
discussed Cited as authority (rule) United States v. Paige
D.R.I. · 2004 · confidence medium
Tollett v. Henderson, 411 U.S. 258, 267 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973) (holding that when a defendant unconditionally pleads guilty, “he may not thereafter raise independent claims relating to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea”); United States v. Gonzalez, 311 F.3d 440, 442 (1st Cir.2002) (“Ordinarily a guilty plea, entered unconditional *471 ly — that is, without reserving an issue for appeal — establishes guilt and forfeits all objections and defenses.”); United States v. Gonzalez-Arimont, 268 F.3d 8, 12 (1st Cir…
discussed Cited as authority (rule) United States v. Rodriguez-Castillo (2×) also: Cited "see"
1st Cir. · 2003 · confidence medium
Although there is an exception to this principle, see, e.g., id. at 699 (noting that jurisdictional issues are not waived), Rodriguez’s case does not fit within its confines.
cited Cited as authority (rule) United States v. Lujan
1st Cir. · 2003 · signal: cf. · confidence medium
Cf. United States v. Cordero, 42 F.3d 697, 699 (1st Cir.1994) (rejecting defendant’s claim that his challenge to a suppression motion was a jurisdictional one).
discussed Cited as authority (rule) Morgan v. NH State Prison
D.N.H. · 2003 · confidence medium
Id. at 267 ; see United States v. Valdez-Santana, 279 F.3d 143, 145 (1st Cir. 2002) (guilty plea prevented defendant from a later Fourth Amendment challenge); United States v. Martinez-Martinez, 69 F.3d 1215, 1224 (1st Cir. 1995) (a guilty plea waives all challenges to the actual and legal foundations of the charges); United States v. Cordero, 42 F.3d 697, 698-99 (1st Cir. 1994) (guilty plea acts as a waiver of all non-jurisdictional errors).
discussed Cited as authority (rule) United States v. Oakes
D. Me. · 2002 · confidence medium
However "a jurisdictional defect is one that calls into doubt a court’s power to entertain a matter, not one that merely calls into doubt the sufficiency or quantum of proof relating to guilt.” United States v. Valdez-Santana, 279 F.3d 143, 146 (1st Cir.2002) (quoting United States v. Cordero, 42 F.3d 697, 699 (1st Cir.1994)).
examined Cited as authority (rule) United States v. Valdes-Santana (3×) also: Cited "see"
1st Cir. · 2002 · confidence medium
We find that appellants did waive this right, and we decline to reach the merits of whether their boat was a “hovering vessel.” An “unconditional guilty plea insulates virtually all earlier rulings in [a] case from appellate review.” United States v. Cordero, 42 F.3d 697, 698 (1st Cir.1994).
examined Cited as authority (rule) United States v. Valdes-Santana (3×) also: Cited "see"
1st Cir. · 2002 · confidence medium
We find that appellants did waive this right, and we decline to reach the merits of whether their boat was a "hovering vessel." An "unconditional guilty plea insulates virtually all earlier rulings in [a] case from appellate review." United States v. Cordero , 42 F.3d 697, 698 (1st Cir. 1994).
cited Cited as authority (rule) United States v. Torres-Gonzalez
1st Cir. · 2001 · confidence medium
United States v. Cordero, 42 F.3d 697, 698-99 (1st Cir.1994).
discussed Cited as authority (rule) Bearse v. United States
D. Mass. · 2001 · confidence medium
Tollett v. Henderson, 411 U.S. 258, 267 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973) (holding that “a guilty plea represents a break in the chain of events ... [such that] [the defendant] may not thereafter raise independent claims relating to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea”); United States v. Cordero, 42 F.3d 697, 698 (1st Cir.1994) (noting that the First Circuit has “assiduously followed the letter and spirit of Tollett , holding with monotonous regularity that an unconditional guilty plea effectuates a waiver of any and all non-…
discussed Cited as authority (rule) United States v. Carnes
E.D. Mich. · 2000 · confidence medium
The Government has only the "modest” initial burden of establishing the existence of a prior conviction, and this requirement may be satisfied through an uncontroverted assertion in a PSIR, a copy of a state-court judgment, or "some other satisfactory proffer.” United States v. Cordero, 42 F.3d 697, 701 (1st Cir.1994); see also Hudspeth, 42 F.3d at 1019 n. 6; United States v. Redding, 16 F.3d 298, 302 (8th Cir.1994); United States v. Bregnard, 951 F.2d 457, 460 (1st Cir.1991); United States v. Ruo, 943 F.2d 1274, 1276 (11th Cir.1991).
discussed Cited as authority (rule) Indelicato v. United States (2×) also: Cited "see, e.g."
D. Mass. · 2000 · confidence medium
A similar argument was attempted, and rejected, in United States v. Cordero, 42 F.3d 697, 699 (1st Cir.1994) (stating that an erroneous suppression ruling is not “jurisdictional” in any meaningful sense; a "jurisdictional defect is one that calls into doubt a court’s power to entertain a matter”).
discussed Cited as authority (rule) State v. Riveira (2×)
Haw. App. · 2000 · confidence medium
United States v. Cordero, 42 F.3d 697, 699 (1st Cir.1994) (stating that "a defendant's unconditional guilty plea does not automatically waive the right to appeal matters incident to sentencing as opposed to guilt." (citation omitted)); United States v. Attar, 38 F.3d 727, 732-33 (4th Cir.1994) (holding that a guilty plea does not waive the right to object to a violation of the Sixth Amendment right to counsel at the sentencing stage); United States v. Jacobson, 15 F.3d 19, 23 (2d Cir.1994) (holding that a guilty plea does not automatically waive rights that occur at the sentencing stage.) Stil…
discussed Cited as authority (rule) State v. Smith
N.M. · 2000 · confidence medium
The Court has said more recently, “we have held that application of the preponderance standard at sentencing generally satisfies due process.” United States v. Watts, 519 U.S. 148, 156 , 117 S.Ct. 633 , 136 L.Ed.2d 554 (1997); see also United States v. Johnson, 130 F.3d 1420, 1430 (10th Cir.1997) (government to prove by a preponderance of the evidence that enhancement is appropriate under the Armed Career Criminal Act); United States v. Cordero, 42 F.3d 697, 702 (1st Cir.1994) (preponderance standard to be used at sentencing); United States v. Howard, 991 F.2d 195, 199 (5th Cir.1993) (burd…
cited Cited as authority (rule) United States v. Labare
1st Cir. · 1999 · confidence medium
See Custis v. United States, 511 U.S. 485, 487 , 114 S.Ct. 1732 , 128 L.Ed.2d 517 (1994); United States v. Cordero, 42 F.3d 697, 701-02 (1st Cir.1994).
cited Cited as authority (rule) United States v. Richard N. Labare
1st Cir. · 1999 · confidence medium
See Custis v. United States, 511 U.S. 485, 487 (1994); United States v. Cordero, 42 F.3d 697, 701-02 (1st Cir. 1994).
cited Cited as authority (rule) Terry v. Commonwealth
Va. Ct. App. · 1999 · confidence medium
Thus, an unconditional guilty plea insulates virtually all earlier rulings in the case from appellate review.” United States v. Cordero, 42 F.3d 697, 698 (1st Cir.1994).
discussed Cited as authority (rule) United States v. Gray (2×) also: Cited "see, e.g."
1st Cir. · 1999 · confidence medium
See Parke v. Raley, 506 U.S. 20, 32 , 113 S.Ct. 517 , 121 L.Ed.2d 391 (1992) (“when the plea was entered in another jurisdiction, the defendant may be the only witness who was actually present at the earlier proceeding”); Cordero, 42 F.3d at 701 (noting that defendant never swore that he did not have a lawyer, only that government never proved that he had one); United States v. Wilkinson, 926 F.2d 22, 28 (1st Cir.1991) (same).
examined Cited as authority (rule) United States v. Gray (3×) also: Cited "see", Cited "see, e.g."
1st Cir. · 1999 · confidence medium
See Parke v. Raley, 506 U.S. 20, 32 (1992) ("when the plea was entered in another jurisdiction, the defendant may be the only witness who was actually present at the earlier proceeding"); Cordero, 42 F.3d at 701 (noting that defendant never swore that he did not have a lawyer, only that government never proved that he had one); United States v. Wilkinson, 926 F.2d 22, 28 (1st Cir. 1991) (same).
cited Cited as authority (rule) Terry v. Commonwealth
Va. Ct. App. · 1998 · confidence medium
Thus, an unconditional guilty plea insulates virtually all earlier rulings in the case from appellate review.” United States v. Cordero, 42 F.3d 697, 698 (1st Cir.1994).
cited Cited as authority (rule) United States v. Turner
1st Cir. · 1998 · confidence medium
United States v. Cordero, 42 F.3d 697, 698-99 (1st Cir. 1994).
discussed Cited as authority (rule) United States v. Vaughn
E.D. Cal. · 1997 · signal: cf. · confidence medium
Cf. United States v. Cordero, 42 F.3d 697, 699 (1st Cir.1994) (holding that the Blackledge/Menna exception does not apply where the challenge merely calls into doubt the sufficiency or quantum of proof relating to guilt). 3 IV.
discussed Cited as authority (rule) United States v. Guzman
1st Cir. · 1997 · confidence medium
Even had the issues been raised below (which they apparently were not), Natanael's guilty plea "effectuates a waiver of any and all independent non-jurisdictional lapses that may have marred the case's progress up to that point." United States v. Cordero, 42 F.3d 697, 699 (1st Cir. 1994).
discussed Cited as authority (rule) United States v. Guzman
1st Cir. · 1997 · confidence medium
Even had the issues been raised below (which they apparently were not), Natanael's guilty plea "effectuates a waiver of any and all independent non-jurisdictional lapses that may have marred the case's progress up to that point." United States v. _____________ Cordero, 42 F.3d 697, 699 (1st Cir. 1994).
discussed Cited as authority (rule) United States v. Harrison
1st Cir. · 1996 · confidence medium
Here, these straightforward rules leave Appellant's sails flapping idly in the wind. 10 Although "a defendant's unconditional guilty plea does not automatically waive the right to appeal matters incident to sentencing as opposed to guilt," United States v. Cordero, 42 F.3d 697, 699 (1st Cir.1994), we nonetheless find Appellant's multiplicity argument waived.
discussed Cited as authority (rule) United States v. Olivia Martinez-Martinez (2×) also: Cited "see"
1st Cir. · 1995 · confidence medium
Valencia v. United States, 923 F.2d 917, 920 (1st Cir.1991); see also United States v. Broce, 488 U.S. 563, 589 , 109 S.Ct. 757, 772 , 102 L.Ed.2d 927 (1989); Tollett v. Henderson, 411 U.S. 258, 267 , 93 S.Ct. 1602, 1608 , 36 L.Ed.2d 235 (1973); United States v. Cordero, 42 F.3d 697, 698-99 (1st Cir.1994); United States v. Rivera Ramos, 856 F.2d 420, 423 (1st Cir.1988), ce rt. denied, 493 U.S. 837 , 110 S.Ct. 118 , 107 L.Ed.2d 79 (1989).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Eddie CORDERO, A/K/A Eddie Cordero Garcia, Defendant, Appellant
94-1285.
Court of Appeals for the First Circuit.
Dec 27, 1994.
42 F.3d 697
1994 U.S. App. LEXIS 36304
1994 WL 706146
Thornton E. Lallier by appointment of the court, Amesbury, MA, for appellant., Geoffrey E. Hobart, Asst. U.S. Atty., with whom Donald K. Stern, U.S. Atty., Boston, MA, was on brief, for appellee.
Selya, Coffin, Stahl.
Cited by 89 opinions  |  Published
SELYA, Circuit Judge.

Defendant-appellant Eddie Cordero, also known as Eddie Cordero Garcia, takes issue with the district court’s denial of his motion to suppress certain evidence, as well as the court’s determination that he should be sentenced as a career offender. Concluding, as we do, that appellant’s legal arguments are unfounded, we affirm his conviction and sentence.

I

In February 1993, a federal grand jury indicted appellant on charges of possessing cocaine with intent to distribute and conspiring to commit the substantive offense. See 21 U.S.C. §§ 841(a)(1), 846. Appellant promptly moved to suppress certain evidence undergirding the indictment, arguing that the evidence stemmed from an illegal airport stop involving a codefendant, Juan Cubero Reyes (Cubero). In June, the district court denied the motion.

Appellant and his counsel then negotiated a written plea agreement with the government. The agreement did not expressly reserve any right of appeal with respect to the antecedent suppression ruling. On August 30, 1993, pursuant to the agreement, appellant pled guilty to both counts of the indictment. Approximately six months later, the district court pronounced sentence. Among other things, the court invoked the career offender guidelines, U.S.S.G. §§ 4B1.1-4B1.2 (Nov. 1993), and imposed a 188-month incar-cerative term. This appeal followed.

II

Appellant’s first assignment of error need not occupy us for long. He asseverates that the most damning evidence against him was, by and large, the spoiled fruit of a poisonous tree, see, e.g., Wong Sun v. United States, 371 U.S. 471, 484-85, 83 S.Ct. 407, 415-16, 9 L.Ed.2d 441 (1963), and that, therefore, it should have been suppressed. We do not reach the merits of this assertion, as appellant failed to preserve it for review.

A

In this case, appellant entered an unconditional plea of guilty to the counts of conviction. [1] Such a plea marks the end of one chapter in the progress of a defendant’s case, and, simultaneously, begins a new chapter. Thus, an unconditional guilty plea insulates virtually all earlier rulings in the case from appellate review. See Tollett v. Henderson, 411 U.S. 258, 267, 93 S.Ct. 1602, 1608, 36 L.Ed.2d 235 (1973). As the Supreme Court explained:

When a criminal defendant has solemnly admitted in open court that he is in fact guilty of the offense with which he is charged, he may not thereafter raise independent claims relating to the deprivation[*699] of constitutional rights that occurred prior to the entry of the guilty plea.

Id.

We have assiduously followed the letter and spirit of Tollett, holding with monotonous regularity that an unconditional guilty plea effectuates a waiver of any and all independent non-jurisdictional lapses that may have marred the case’s progress up to that point, thereby absolving any errors in the trial court’s antecedent rulings (other than errors that implicate the court’s jurisdiction). See, e.g., Acevedo-Ramos v. United States, 961 F.2d 305, 308 (1st Cir.), cert. denied, — U.S. -, 113 S.Ct. 299, 121 L.Ed.2d 222 (1992); Valencia v. United States, 923 F.2d 917, 920 (1st Cir.1991); United States v. Wright, 873 F.2d 437, 442 (1st Cir.1989). The question in this ease, then, is whether Tollett applies.

B

Appellant strives to bring his case within the single recognized exception to Tollett, theorizing that the lower court’s suppression ruling was jurisdictional in nature because quashing the evidence would, in appellant’s words, “have deprived the Government of virtually all evidence against Eddie Cordero Garcia,” and, therefore, would have precluded a successful prosecution. However, appellant casts too wide a net: reading the “jurisdictional defect” exception in so unrestrained a fashion would create a sinkhole capable of swallowing the rule. For purposes of the Tollett exception, a jurisdictional defect is one that calls into doubt a court’s power to entertain a matter, not one that merely calls into doubt the sufficiency or quantum of proof relating to guilt. Cf. Men-na v. New York, 423 U.S. 61, 62 n. 2, 96 S.Ct. 241, 242 n. 2, 46 L.Ed.2d 195 (1975) (holding that defendant, by pleading guilty, did not waive a double jeopardy claim because, were the claim well founded, the government could “not convict petitioner no matter how validly his factual guilt [might be] established”).

Here, the suppression ruling, even if erroneous, [2] cannot be termed “jurisdictional” in any meaningful sense of the word. After all, suppression of the evidence would not have deprived the district court of power to entertain the case against appellant; it would simply have made the prosecution’s task more difficult by making a conviction less likely. Consequently, appellant’s initial assignment of error falters. [3]

Ill

Appellant’s remaining assignment of error is no more robust. It relates to the district court’s decision to classify appellant as a career offender for purposes of applying the federal sentencing guidelines. On this issue, waiver is not a problem: since a defendant’s unconditional guilty plea does not automatically waive the right to appeal matters incident to sentencing as opposed to guilt, see 18 U.S.C. § 3742, this issue is properly before us. [4] The more fundamental problem is that appellant’s claim lacks merit.

[*700] A

In general, the career offender provisions apply to an adult offender who commits a felony “that is either a crime of violence or a controlled substance offense,” having previously experienced two or more convictions for targeted predicate offenses, that is, “prior felony convictions of either a crime of violence or a controlled substance offense.” U.S.S.G. § 4B1.1 (Nov. 1993); see also United States v. Piper, 35 F.3d 611, 613 n. 1 (1st Cir.1994), petition for cert. filed (Nov. 14, 1994) (No. 94-6876); United States v. Fiore, 983 F.2d 1, 2 (1st Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 1830, 123 L.Ed.2d 458 (1993).

The district court determined that Cordero came within the encincture of the career offender guidelines. To test this determination, we must first put it into perspective.

In preparing the presentence investigation report (PSI Report), the probation officer concluded that the career offender provisions applied. The PSI Report premised the predicate offense component of this conclusion on two convictions for aggravated assault recorded in San Juan Superior Court, one culminating in the imposition of a sentence on April 10,1987, and the second culminating in the imposition of a sentence on October 7, 1987. Appellant does not seriously contest the suitability of the later conviction for use as a predicate offense in the career offender calculus. Instead, he concentrates his fire on the inclusion of the earlier conviction.

The district court gave appellant ample time to obtain relevant records and marshal his arguments. When he originally requested a delay in sentencing, the district court ordered a postponement of roughly eight weeks in duration. When, thereafter, appellant sought still more time, the district court again obliged, granting a further seven-week continuance. Due in part to these extensions, the district court had before it at the disposition hearing, held on February 28, 1994, the following information in regard to the disputed conviction:

1. A barebones statement in the PSI Report to the effect that Cordero was arraigned on a charge of aggravated assault on December 11, 1986; that he pled guilty to this charge on January 23, 1987; and that the court sentenced him on April 10, 1987.
2. A certified copy of the charging document anent this conviction. This document memorialized a complaint by the local district attorney against Cordero “for the crime of aggravated assault, a felony.” The document recounted that the offense occurred “in or about the 11th of October of 1986, in Rio Piedras, Puerto Rico”, when Cordero “illegally, voluntarily, ... maliciously, knowingly, and with criminal intent, caused serious bodily harm to Mr. Jesus Cortes Molina, by means of force and violence, attacking him with a wooden pool stick, hitting him in the right arm causing a fracture of the same.... ”
3. A certified copy of a document entitled “Sentencia,” which described the sentencing proceedings that took place on April 10, 1987. This document indicated, inter alia, that Cordero was “assisted by his attorney, Jose M. Ortiz-Miller,” during the sentencing proceedings. [5]

Based on this information, the district court ruled, over objection, that the government had proved by a preponderance of the evidence that the disputed conviction comprised a “countable” crime of violence for the purpose of determining appellant’s status as a career offender.

Appellant offered several arguments below, two of which he resuscitates on appeal. First, because the paperwork before the sentencing court did not affirmatively establish that appellant was represented by counsel or afforded appropriate warnings on January 23, 1987 (the date on which his guilt was determined), he claims that the ensuing conviction was “presumptively void” and, therefore, not fit for inclusion in the career offender calculus. Second, he castigates the district court for applying a preponderance-of-the evidence test in determining the adequa-[*701] ey of the government’s proof anent the two prior convictions, and insists that a more rigorous standard should have been employed. We consider these issues seriatim.

B

Emphasizing our decision in United States v. Isaacs, 14 F.3d 106, 108-10 (1st Cir.1994), appellant claims that the documents presented to prove the predicate offense were deficient because they did not address whether he was represented by counsel or afforded a colloquy by the court at a critical juncture. The claim is much too sanguine. It overlooks entirely the Supreme Court’s subsequent decision in Custis v. United States, — U.S. -, 114 S.Ct. 1732, 128 L.Ed.2d 517 (1994). The Custis Court held that a defendant in a federal sentencing proceeding, generally speaking, “has no ... right (with the sole exception of convictions obtained in violation of the right to counsel) to collaterally attack prior convictions.” Id. at-, 114 S.Ct. at 1734. In so holding, Custis significantly restricted the utility of Isaacs. The Custis approach applies full bore in this instance. As we recently ruled in an analogous case, “[although Custis considered collateral attack under the Armed Career Criminal Act rather than the sentencing guidelines themselves, the constitutional question is the same in each context.” United States v. Munoz, 36 F.3d 1229, 1237 (1st Cir.1994). We, therefore, steer by Custis rather than by Isaacs.

Custis prohibits collateral attack on prior state-court convictions in federal sentencing proceedings unless the attack is rooted in a violation of the Sixth Amendment right to counsel. Thus, Custis renders nugatory appellant’s reliance on the ostensible lack of warnings as a basis for brushing aside the April 1987 conviction. Nonetheless, we must still examine his claim insofar as it relates to the possible absence of counsel. [6] But we do not find any substantial indication in the record that Cordero was denied counsel or that he proceeded without counsel. Corde-ro — who had personal knowledge of what transpired in 1987 — did not offer any testimony to show that he was, in fact, denied the help of an attorney. That omission left only the documentary evidence — and, at worst, the documents before the district court simply fail to clarify whether Cordero had counsel present when he pleaded guilty.

When the government seeks to prove a predicate offense for sentencing purposes, it has an initial burden of establishing the existence of the conviction. See United States v. Unger, 915 F.2d 759, 761 (1st Cir. 1990), cert. denied, 498 U.S. 1104, 111 S.Ct. 1005, 112 L.Ed.2d 1088 (1991). It can satisfy this requirement in divers ways, e.g., by an uncontroverted statement in the PSI Report, by introducing a certified copy of the judgment, or by some other satisfactory proffer. Once the government has carried this modest burden, the conviction is presumed valid for purposes of applying the sentencing guidelines. See id. It then becomes the defendant’s obligation to produce some evidence of unconstitutionality before a federal court may disregard the conviction for sentencing purposes. See United States v. Ruo, 943 F.2d 1274, 1276 (11th Cir.1991); United States v. Gallman, 907 F.2d 639, 643 (7th Cir.1990), cert. denied, 499 U.S. 908, 111 S.Ct. 1110, 113 L.Ed.2d 219 (1991); see also United States v. Wilkinson, 926 F.2d 22, 28 (1st Cir.) (“Since the number of felony cases where a defendant lacks counsel must be small ..., a sentencing court may permissibly infer from the record of the conviction that the conviction was not obtained unconstitutionally provided the record contains no reason to believe the contrary.”), cert. denied, 501 U.S. 1211, 111 S.Ct. 2813, 115 L.Ed.2d 985 (1991).

Here, appellant produced no evidence of a Sixth Amendment violation. He did not himself testify, or otherwise swear, that he was deprived of counsel at a critical time. Rather, he merely argued that the government had failed affirmatively to establish that a lawyer’s services had been made available to him. Since the law will presume, in this context, that a conviction was counselled ab[*702] sent specific evidence to the contrary, a defendant who desires to challenge a prior conviction on Sixth Amendment grounds must do more than merely speculate about theoretical possibilities. In the absence of specific evidence, the court below had a right to treat the disputed conviction as constitutional and give it weight in constructing appellant’s sentence.

C

Appellant’s final sentence-related argument posits that the district court erroneously applied the preponderance-of-the-evidence standard in this criminal case. The argument stalls. It is settled beyond cavil that facts used at sentencing need only be proven by a preponderance of the evidence, not beyond a reasonable doubt. See, e.g., United States v. Gonzalez-Vazquez, 34 F.3d 19, 25 (1st Cir.1994); United States v. Tardiff, 969 F.2d 1283, 1289 (1st Cir.1992); Wright, 873 F.2d at 441.

IV

We need go no further. Appellant’s contentions are uniformly unavailing. Hence, his conviction and sentence endure.

Affirmed.

1

. The Criminal Rules do provide an avenue through which a defendant can enter a conditional guilty plea, preserving certain antecedent rulings for appellate review. See Fed.R.Crim.P. 11(a)(2). Cordero, however, did not take this route, but, instead, chose to enter an unconditional guilty plea.

2

.We do not in any way suggest that error inheres. Indeed, were we to reach the suppression issue, it seems unlikely that appellant could prevail. His brief argues, essentially, that the government learned of the evidence in question by violating Cubero's Fourth Amendment rights. Even if that is so — and the record before us certainly does not bear out the claim — a defendant cannot succeed in suppressing evidence on Fourth Amendment grounds unless he can show that his own rights, rather than a third party's, have been abridged. See United States v. McDowell, 918 F.2d 1004, 1007 (1st Cir.1990); United States v. Soule, 908 F.2d 1032, 1036-37 (1st Cir.1990); cf. United States v. Santana, 6 F.3d 1, 8-9 (1st Cir.1993) (suggesting that a due process defense based on outrageous government misconduct is not available if the misconduct only harmed third parties, but not the defendant).

3

. Appellant also makes a feeble attempt to loosen the grip of the Tollett doctrine by arguing that constitutional rights cannot be waived except through their "intentional relinquishment or abandonment.” Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461 (1938). But he is hoist with his own petard. At the change-of-plea hearing, the district court informed appellant that, by pleading guilly, he would surrender any right to contest his guilt on this, or other, grounds. Forewarned, appellant nonetheless changed his plea. Thus, to the extent (if at all) that Zerbst applies, it does not profit Cordero.

4

. Of course, we recognize that some courts have enforced plea agreements in which defendants agreed to waive the right to appeal their sentences. See, e.g., United States v. Wiggins, 905 F.2d 51 (4th Cir.1990). Appellant’s plea agreement contained no such proviso.

5

. The charging papers, as well as the Sentencia, were in Spanish. A court-appointed interpreter translated them in open court. Appellant does not impugn either the authenticity of the documents or the accuracy of the translation.

6

. The record is crystal clear that an attorney represented appellant at sentencing on April 10, 1987. The record is more tenebrous, however, as to whether counsel was present on the date appellant entered his guilty plea. It is this "defect” to which appellant’s hopes are fastened.