United States v. Libia Elizalde-Adame, 262 F.3d 637 (7th Cir. 2001). · Go Syfert
United States v. Libia Elizalde-Adame, 262 F.3d 637 (7th Cir. 2001). Cases Citing This Book View Copy Cite
99 citation events (99 in the last 25 years) across 13 distinct courts.
Strongest positive: WHOLE WOMAN'S HEALTH ALLIANCE v. ROKITA (insd, 2020-02-13)
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) WHOLE WOMAN'S HEALTH ALLIANCE v. ROKITA
S.D. Ind. · 2020 · quote attribution · 1 verbatim quote · confidence high
the purpose of rule 10(e) is to . . . allow us to review the decision that the trial court made in light of the information that was actually before it
discussed Cited as authority (verbatim quote) Amy Harnishfeger v. United States
7th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
e still could not consider the claims because they are based on factual material outside of the record which was never presented to the district court.
discussed Cited as authority (verbatim quote) Amy Harnishfeger v. United States
7th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
e still could not consider the claims because they are based on factual material outside of the record which was never presented to the district court.
examined Cited as authority (rule) Griffith Foods International Inc. v. National Union Fire Insurance Company of Pittsburg (3×)
7th Cir. · 2026 · confidence medium
We decline this invitation and instead follow the gen- eral rule disallowing “a party to add materials to the record on appeal which were not before the district court.” United States v. Elizalde-Adame, 262 F.3d 637, 640 (7th Cir. 2001) (citing Fed.
examined Cited as authority (rule) Sterigenics U.S., LLC v. National Union Fire Insurance Company of Pittsburg (3×)
7th Cir. · 2026 · confidence medium
We decline this invitation and instead follow the gen- eral rule disallowing “a party to add materials to the record on appeal which were not before the district court.” United States v. Elizalde-Adame, 262 F.3d 637, 640 (7th Cir. 2001) (citing Fed.
cited Cited as authority (rule) Lake v. CoreCivic
D. Mont. · 2025 · confidence medium
United States v. Elizalde-Adame, 262 F.3d 637, 641 (7th Cir. 2001) The Court does not find that Lake would be prejudiced by producing the PowerPoints.
cited Cited as authority (rule) Catherine v. Huge Ass Beers
E.D. La. · 2024 · confidence medium
No. 50-1, at 1. order to collaterally attack the trial court’s judgment.” United States v. Elizalde- Adame, 262 F.3d 637, 641 (7th Cir. 2001).
discussed Cited as authority (rule) In re HIV Antitrust Litigation
N.D. Cal. · 2024 · confidence medium
The Seventh Circuit has explained that the purpose of 20 Rule 10 21 is to ensure that the record on appeal accurately reflects the proceedings in the trial court (thereby allowing us to review the 22 decision that the trial court made in light of the information that was actually before it), not to enable the losing party to add new material 23 to the record in order to collaterally attack the trial court's judgment. 24 United States v. Elizalde-Adame, 262 F.3d 637, 641 (7th Cir. 2001) (emphasis added). 25 The Third Circuit is in accord, stating that “[t]he basic purpose behind the rule is t…
cited Cited as authority (rule) Watson v. Metropolitan Enforcement Group of Southern Illinois
S.D. Ill. · 2023 · confidence medium
United States v. Elizalde–Adame, 262 F.3d 637, 641 (7th Cir. 2001) (emphasis added).
cited Cited as authority (rule) Watson v. Metropolitan Enforcement Group of Southern Illinois
S.D. Ill. · 2023 · confidence medium
United States v. Elizalde–Adame, 262 F.3d 637, 641 (7th Cir. 2001).
discussed Cited as authority (rule) Harris v. Cooley
S.D. Ohio · 2020 · confidence medium
Federal Rule of Appellate Procedure Rule 10(e) does not allow the addition of records that were not before this Court and is not intended “to enable the losing party to add new material to the record in order to collaterally attack the trial court’s judgment.” United States v. Elizalde-Adame, 262 F.3d 637, 641 (7th Cir. 2001).
discussed Cited as authority (rule) In re: Franklin D Harris, Jr
S.D. Ohio · 2019 · confidence medium
Federal Rule of Appellate Procedure Rule 10(e) does not allow the addition of records that were not before this Court and is not intended “to enable the losing party to add new material to the record in order to collaterally attack the trial court’s judgment.” United States v. Elizalde-Adame, 262 F.3d 637, 641 (7th Cir. 2001).
discussed Cited as authority (rule) Harris v. Jester
E.D. Wis. · 2019 · confidence medium
The purpose of Rule 10(e) “is to ensure that the record on appeal accurately reflects the proceedings in the trial court . . . not to enable the losing party to add new material to the record in order to collaterally attack the trial court’s judgment.” United States v. Elizalde- Adame, 262 F.3d 637, 641 (7th Cir. 2001).
cited Cited as authority (rule) United States v. Robert Miller
7th Cir. · 2016 · confidence medium
App. P. 10(e); United States v. Elizalde-Adame, 262 F.3d 637, 640-41 (7th Cir. 2001), we’ve allowed exceptions.
discussed Cited as authority (rule) Christopher Hightower v. Salvador Godinez
7th Cir. · 2013 · confidence medium
Moreover, Hightower has appended to his brief a proposed amended complaint, which, apart from being outside the record, see Brokaw v. Weaver, 305 F.3d 660 , 668 n. 7 (7th Cir.2002); United States v. Elizalde-Adame, 262 F.3d 637, 640 (7th Cir.2001), does not overcome our decision in Poole .
discussed Cited as authority (rule) United States v. Adebisi Adigun (2×)
7th Cir. · 2012 · confidence medium
See United States v. Kingcade, 562 F.3d 794, 798 (7th Cir. 2009); United States v. Elizalde-Adame, 262 F.3d 637, 640 (7th Cir. 2001); United States v. Cain, 155 F.3d 840, 843 (7th Cir. 1998); see also United States v. Gaertner, 583 F.2d 308, 311 (7th Cir. 1978) (finding defen- dant’s “speedy trial claim . . . not open for our review after pleas of guilty”).2 Even so, some of our sister circuits have diverged on this issue and exercised juris- diction in cases involving unconditional pleas (or plea agreements with appellate waivers).
discussed Cited as authority (rule) United States v. Tyrone Jackson
7th Cir. · 2011 · confidence medium
Rule 10(e) promotes accuracy in appellate records, United States v. Elizalde‐Adame, 262 F.3d 637, 641 (7th Cir. 2001), and we allow supplemental material that offers useful context, Coleman v. Hardy, 628 F.3d 314 , 315 n.1 (7th Cir. 2010).
examined Cited as authority (rule) United States v. Combs (4×)
7th Cir. · 2011 · confidence medium
United States v. Kingcade, 562 F.3d 794, 798 (7th Cir.2009) (concluding that because defendant did not condition plea agreement on right to appeal pre-plea motions we lacked jurisdiction to review claims); United States v. Elizalde-Adame, 262 F.3d 637, 640 (7th Cir.2001) (concluding that defendant's plea was "unequivocally unconditional" and thus we lacked "jurisdiction to hear the appeal"); United States v. Cain, 155 F.3d 840, 843 (7th Cir.1998) (noting that, because defendant did not preserve his right to appeal suppression issue, this court did "not have jurisdiction over [that] aspect of h…
cited Cited as authority (rule) United States v. Terrill Rickmon
7th Cir. · 2011 · confidence medium
See United States v. Kingcade, 562 F.3d 794, 797 (7th Cir. 2009); United States v. Elizalde‐Adame, 262 F.3d 637, 639 (7th Cir. 2001); United States v. Galbraith, 200 F.3d 1006, 1010 (7th Cir. 2000).
cited Cited as authority (rule) United States v. Rickmon
7th Cir. · 2011 · confidence medium
See United States v. Kingcade, 562 F.3d 794, 797 (7th Cir.2009); United States v. Elizalde-Adame, 262 F.3d 637, 639 (7th Cir.2001); United States v. Galbraith, 200 F.3d 1006, 1010 (7th Cir. 2000).
cited Cited as authority (rule) Weichman v. Clarke
7th Cir. · 2011 · confidence medium
See Hernandez v. HCH Miller Park Joint Venture, 418 F.3d 732, 736 (7th Cir.2005); United States v. Elizalde-Adame, 262 F.3d 637, 640 (7th Cir.2001).
cited Cited as authority (rule) John Weichman, Jr. v. David Clarke, Jr.
7th Cir. · 2011 · confidence medium
See Hernandez v. HCH Miller Park Joint Venture, 418 F.3d 732, 736 (7th Cir. 2005); United States v. Elizalde‐Adame, 262 F.3d 637, 640 (7th Cir. 2001).
discussed Cited as authority (rule) Koons v. United States
7th Cir. · 2011 · confidence medium
Although “an unconditional guilty plea waives all non-jurisdictional defects occurring prior to the plea,” United States v. *351 Villegas, 388 F.3d 317, 322 (7th Cir.2004) (quoting United States v. Elizalde-Adame, 262 F.3d 637, 639 (7th Cir.2001)), Koons can challenge the validity of his guilty plea by demonstrating that he received ineffective assistance from counsel during the plea process, Hill v. Lockhart, 474 U.S. 52, 56 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985); Villegas, 388 F.3d at 322-23 .
discussed Cited as authority (rule) United States v. Tyrone Jackson
7th Cir. · 2011 · confidence medium
Rule 10(e) promotes accuracy in appellate records, United States v. Elizalde‐Adame, 262 F.3d 637, 641 (7th Cir. 2001), and we allow supplemental material that offers useful context, Coleman v. Hardy, 628 F.3d 314 , 315 n.1 (7th Cir. 2010).
discussed Cited as authority (rule) United States v. Jackson
7th Cir. · 2011 · confidence medium
Rule 10(e) promotes accuracy in appellate records, United States v. Elizalde-Adame, 262 F.3d 637, 641 (7th Cir.2001), and we allow supplemental material that offers useful context, Coleman v. Hardy, 628 F.3d 314 , 315 n. 1 (7th Cir.2010).
cited Cited as authority (rule) United States v. Saenz
7th Cir. · 2010 · confidence medium
United States v. Stevens, 380 F.3d 1021, 1025 (7th Cir.2004); United States v. Elizalde-Adame, 262 F.3d 637, 640 (7th Cir.2001).
discussed Cited as authority (rule) Rick Knight v. Mark Wiedau
7th Cir. · 2009 · confidence medium
United States v. Phillips, 914 F.2d 835, 840 (7th Cir. 12 No. 09-1435 1990); see also Brokaw v. Weaver, 305 F.3d 660 , 668 n.7 (7th Cir. 2002); United States v. Elizalde-Adame, 262 F.3d 637, 640 (7th Cir. 2001).
cited Cited as authority (rule) Knight v. Wiseman
7th Cir. · 2009 · confidence medium
United States v. Phillips, 914 F.2d 835, 840 (7th Cir.1990); see also Brokaw v. Weaver, 305 F.3d 660 , 668 n. 7 (7th Cir.2002); United States v. Elizalder-Adame, 262 F.3d 637, 640 (7th Cir.2001).
cited Cited as authority (rule) United States v. Jaime Sandoval-Ocampo
7th Cir. · 2009 · confidence medium
See United States v. Villegas, 388 F.3d 317, 322 (7th Cir. 2004); United States v. Elizalde‐Adame, 262 F.3d 637, 639 (7th Cir. 2001).
cited Cited as authority (rule) United States v. Sandoval-Ocampo
7th Cir. · 2009 · confidence medium
See United States v. Villegas, 388 F.3d 317, 322 (7th Cir.2004); United States v. Elizalde-Adame, 262 F.3d 637, 639 (7th Cir.2001).
cited Cited as authority (rule) United States v. Sandoval-Ocampo
7th Cir. · 2009 · confidence medium
See United States v. Villegas, 388 F.3d 317, 322 (7th Cir.2004); United States v. Elizalde-Adame, 262 F.3d 637, 639 (7th Cir.2001).
cited Cited as authority (rule) United States v. Abarca
7th Cir. · 2009 · confidence medium
See United States v. Rogers, 387 F.3d 925, 934 (7th Cir.2004); United States v. Elizalde-Adame, 262 F.3d 637, 639 (7th Cir.2001).
cited Cited as authority (rule) United States v. Abarca
7th Cir. · 2009 · confidence medium
See United States v. Rogers, 387 F.3d 925, 934 (7th Cir.2004); United States v. Elizalde-Adame, 262 F.3d 637, 639 (7th Cir.2001).
cited Cited as authority (rule) United States v. Antonio Abarca
7th Cir. · 2009 · confidence medium
See United States v. Rogers, 387 F.3d 925, 934 (7th Cir. 2004); United States v. Elizalde‐Adame, 262 F.3d 637, 639 (7th Cir. 2001).
cited Cited as authority (rule) United States v. Collymore
7th Cir. · 2009 · confidence medium
United States v. Elizalde-Adame, 262 F.3d 637, 639 (7th Cir.2001).
cited Cited as authority (rule) United States v. Collymore
7th Cir. · 2009 · confidence medium
United States v. Elizalde-Adame, 262 F.3d 637, 639 (7th Cir.2001).
cited Cited as authority (rule) United States v. Gerald Collymore
7th Cir. · 2009 · confidence medium
United States v. Elizalde‐Adame, 262 F.3d 637, 639 (7th Cir. 2001).
cited Cited as authority (rule) United States v. Saldivar-Murillo
7th Cir. · 2007 · confidence medium
Counsel correctly notes that an “unconditional guilty plea waives all non-jurisdictional defects occurring prior to the plea.” United States v. Elizalde-Adame, 262 F.3d 637, 639 (7th Cir.2001).
cited Cited as authority (rule) United States v. Davis, Charles V.
7th Cir. · 2006 · confidence medium
Counsel correctly notes that an “unconditional guilty plea waives all non-jurisdictional defects occurring prior to the plea.” United States v. Elizalde-Adame, 262 F.3d 637, 639 (7th Cir.2001).
discussed Cited as authority (rule) United States v. Gordon, Mario L.
7th Cir. · 2006 · confidence medium
It is well-established that this court may not consider factual material outside the record which was never presented to the district court. *546 United States v. Noble, 299 F.3d 907, 911 (7th Cir.2002); United States v. Elizalde-Adame, 262 F.3d 637, 640-41 (7th Cir. 2001) (“The purpose of [Federal Rule of Appellate Procedure] 10(e) is to ensure that the record on appeal accurately reflects the proceedings in the trial court ..., not to enable the losing party to add new material to the record in order to collaterally attack the trial court’s judgment.”).
cited Cited as authority (rule) United States v. Grant, Marvin
7th Cir. · 2006 · confidence medium
E. g., United States v. Elizalde-Adame, 262 F. 3d 637, 639 (7th Cir.2001).
cited Cited as authority (rule) United States v. Sisco, Merlyn E.
7th Cir. · 2006 · confidence medium
Counsel correctly notes that an “unconditional guilty plea waives all non-jurisdictional defects occurring prior to the plea.” United States v. Elizalde-Adame, 262 F.3d 637, 639 (7th Cir.2001).
cited Cited as authority (rule) United States v. Paul, Jason M.
7th Cir. · 2006 · confidence medium
See United States v. Rogers, 387 F.3d 925, 932 (7th Cir.2004); United States v. Elizalde-Adame, 262 F.3d 637, 639 (7th Cir.2001).
discussed Cited as authority (rule) United States v. Villalobos-Sandoval
7th Cir. · 2006 · confidence medium
In any event, VillalobosSandoval did plead guilty and, as a consequence, both admitted “all of the factual and legal elements necessary to sustain a binding, final judgment of guilt and a lawful sentence,” United States v. Broce, 488 *610 U.S. 563, 569, 109 S.Ct. 757 , 102 L.Ed.2d 927 (1989), and waived all non-jurisdictional defects, see United States v. Elizalde-Adame, 262 F.3d 637, 639 (7th Cir.2001).
discussed Cited as authority (rule) United States v. Rickey Earl Banks
7th Cir. · 2005 · confidence medium
This rule is meant to ensure that the record reflects what really happened in the district court, but “not to enable the losing party to add new material to the record in order to collaterally attack the trial court’s judgment.” United States v. Elizalde-Adame, 262 F.3d 637, 641 (7th Cir.2001).
discussed Cited as authority (rule) United States v. Stabile (2×)
7th Cir. · 2005 · confidence medium
Questions of venue, though, are not jurisdictional, see, e.g., Moore v. Olson, 368 F.3d 757, 760 (7th Cir.2004), and so they fall squarely within the rule that non-jurisdictional defects are waived by a guilty plea, see United States v. Rogers, 387 F.3d 925, 932 (7th Cir.2004); United States v. Elizalde-Adame, 262 F.3d 637, 639 (7th Cir.2001); see also United States v. Brown, 583 F.2d 915, 918 (7th Cir.1978) (holding that a defendant who pleads guilty waives “venue protection under Article III and the Sixth Amendment”).
discussed Cited as authority (rule) United States v. Villegas, Joel
7th Cir. · 2004 · confidence medium
However, as noted by the Government, and admitted by Mr. Villegas, “an unconditional guilty plea waives all non- jurisdictional defects occurring prior to the plea, including Fourth Amendment claims like the one raised here.” United States v. Elizalde-Adame, 262 F.3d 637, 639 (7th Cir. 2001).
discussed Cited as authority (rule) United States v. Joel Villegas
7th Cir. · 2004 · confidence medium
However, as noted by the Government, and admitted by Mr. Villegas, “an unconditional guilty plea waives all non-jurisdictional defects occurring prior to the plea, including Fourth Amendment claims like the one raised here.” United States v. Elizalde-Adame, 262 F.3d 637, 639 (7th Cir.2001).
discussed Cited as authority (rule) United States v. Willeumier
7th Cir. · 2004 · confidence medium
Counsel correctly recognizes that this potential argument is frivolous; defects in an indictment do not deprive a district court of jurisdiction over the case, United States v. Cotton, 535 U.S. 625, 630 , 122 S.Ct. 1781 , 152 L.Ed.2d 860 (2002), and Willeumier waived any non-jurisdictional challenges to the indictment by failing to present them in the district court, United States v. Elizalde-Adame, 262 F.3d 637, 639 (7th Cir. 2001).
discussed Cited as authority (rule) United States v. Fields
7th Cir. · 2004 · confidence medium
Because a guilty plea waives all non-jurisdictional defects occurring before the plea, see United States v. Elizalde-Adame, 262 F.3d 637, 639 (7th Cir.2001), we agree that this argument would be frivolous.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Libia ELIZALDE-ADAME, Defendant-Appellant
01-1058.
Court of Appeals for the Seventh Circuit.
Aug 13, 2001.
262 F.3d 637
Lela D. Johnson (argued), Office of the U.S. Attorney, Chicago, IL, for plaintiff-appellee., Leonard C. Goodman (argued), Chicago, IL, for defendant-appellant.
Bauer, Easterbrook, Kanne.
Cited by 84 opinions  |  Published
BAUER, Circuit Judge.

BACKGROUND

On March 31, 1999, federal agents with the Immigration and Naturalization Service (“INS”) arrested Libia Elizalde-Adame at an apartment in Chicago where she made counterfeit immigration documents. Acting on a tip from a reliable informant, the agents went to the apartment building and knocked on Elizalde-Adame’s door. Elizalde-Adame asked, in Spanish, who was there. One of the agents responded in Spanish that she was her new neighbor. Elizalde-Adame then opened the door part way, at which time the agents saw equipment and other items associated with the manufacture of counterfeit immigration documents inside the apartment. The agents then displayed their badges and told Elizalde-Adame that she was under arrest. While Elizalde-Adame was still standing inside her apartment, one of the agents told her to put her hands on the wall and to separate her feet, and she complied. The agents then entered Elizalde-Adame’s apartment without her consent and searched her. The parties dispute whether the agents gave Eli-zalde-Adame Miranda warnings before or after entering the apartment. Nevertheless, Elizalde-Adame eventually signed a Miranda waiver form, after which she admitted that she was in the country illegally and that she had been producing the documents for a young male throughout the month preceding the arrest. She then gave the agents consent to search the apartment, whereupon they discovered incriminating equipment and documents.

After waiving her right to be charged by indictment, Elizalde-Adame was charged by information with production of false identification documents in violation of 18 U.S.C. § 1028. She was granted leave by the court to file a motion to quash the arrest and to suppress the evidence obtained following the arrest. After conducting an evidentiary hearing (during which Elizalde-Adame and the arresting agents testified regarding the circumstances of the arrest), and after receiving briefs on the issue of warrantless entry into a home to complete an arrest, the district court[*639] denied Elizalde-Adame’s motion to suppress.

Subsequently, Elizalde-Adame signed a plea agreement and entered a. plea of guilty before the district court. Neither in the plea agreement nor during the plea colloquy did Elizalde-Adame condition her plea on the right to appeal the denial of her suppression motion. At the sentencing hearing, the district court adjusted Eli-zalde-Adame’s criminal history category from I to III on the basis of a prior misdemeanor supervision and determined that she did not merit a sentence reduction for acceptance of responsibility. After denying Elizalde-Adame’s motion for a downward departure based upon extraordinary familial responsibility, the district court sentenced her to 41 months in prison. Elizalde-Adame appeals the district court’s denial of her motion to suppress.

DISCUSSION

Before we address the merits of Eli-zalde-Adame’s appeal, we must determine whether it is properly before us. Eli-zalde-Adame pled guilty unconditionally, and the district court accepted her plea. As the government notes, an unconditional guilty plea waives all non-jurisdictional defects occurring prior to the plea, including Fourth Amendment claims like the one raised here. See United States v. Galbraith, 200 F.3d 1006, 1010 (7th Cir.2000); United States v. Cain, 155 F.8d 840, 842 (7th Cir.1998). Fed.R.Crim.P. 11(a)(2) provides that a defendant may enter a conditional plea of guilty “with the approval of the court and the consent of the government, ... reserving in writing the right, on appeal from the judgment, to review of the adverse determination of any specified pretrial motion.” However, in order to preserve an issue for appeal by means of a conditional plea, “the plea must precisely identify the pretrial issues which the defendant wishes to preserve for review,” Cain, 155 F.3d at 842, and the defendant must obtain both the approval of the district court and the “unequivocal acquiescence” of the government. See United States v. Markling, 7 F.3d 1309, 1312 (7th Cir.1993); United States v. Yasak, 884 F.2d 996, 999 (7th Cir.1989). Whether or not Elizalde-Adame intended to reserve her right to appeal the motion to suppress, she did not observe these requirements. By its terms, the written plea agreement that she signed is unconditional. And, as we have noted, Elizalde-Adame never expressly requested during the plea hearing to enter a conditional guilty plea or to reserve her right to appeal the denial of the suppression motion. Further, neither the district court nor the government ever assented to the entry of a conditional plea.

While we have ruled that the writing requirement of Fed.R.Crim.P. 11(a)(2) is not jurisdictional and have therefore upheld the validity of conditional pleas absent a writing in certain limited circumstances, those circumstances are not present here. We have found a valid conditional plea without a written plea agreement where: (1) the government did not challenge the defendant’s characterization of his plea as conditional or his right to bring a particular appeal; (2) something in the record (for example, the transcript of the plea hearing or correspondence between the government’s and the defendant’s attorneys) plainly showed that the government had agreed to a conditional plea and that the district court had accepted it; and (3) we felt assured that our decision on the matter appealed would dispose of the case. See Markling, 7 F.3d at 1313; Yasak, 884 F.2d at 999-1000. Here, however, we are confronted not merely with the absence of a written conditional plea, but with the presence of a written unconditional plea. Moreover, the govern[*640] ment vigorously disputes Elizalde-Adame’s characterization of her plea as conditional and denies that she has the right to bring the instant appeal. Finally, nothing in the record demonstrates that the district court accepted a conditional plea, or that the government either approved of a conditional plea or expressly waived its right to argue that such a plea must be made in writing. The unconditional plea agreement itself states that “[d]efendant and her attorney acknowledge that no threats, promises, or representations have been made, nor agreements reached, other than those set forth in this Agreement, to cause defendant to plead guilty,” R. 32, ¶ 17, and also that “defendant understands that she is waiving all appellate issues that might have been available if she had exercised her right to trial.” Id. at ¶ 11. During the plea hearing, the court asked Elizalde-Adame if she had read the plea agreement before signing it and if she had discussed the plea agreement with her attorney, and she answered yes to both questions. Moreover, nothing in the plea hearing transcript indicates that either the district court or the government accepted a conditional plea. In arguing to the contrary, Elizalde-Adame notes that at one point during the plea hearing the district court asked the Assistant United States Attorney (“AUSA”), “is there a waiver of appellate rights?,” and • the AUSA responded, “[t]here is not, Your Honor.” However, when read in context, it is clear that the district court was asking whether the plea agreement provided for a waiver of Eli-zalde-Adame’s right to appeal her sentence, and nothing in the above exchange even remotely suggests that either the court or the government thought that Eli-zalde-Adame was preserving her right to appeal the suppression motion, or that the government was waiving any of the requirements of § 11(a)(2). Thus, we find that Elizalde-Adame’s plea was unequivocally unconditional, and that we therefore lack jurisdiction to hear this appeal.

One final issue merits brief comment. In her reply brief, Elizalde-Adame argues that the government should be es-topped from challenging the validity of her “conditional plea” because it led her to believe both during and after the plea negotiations that her plea would not constitute a waiver of her right to appeal the suppression issue. She also argues that due process principles require the government to “adhere to its commitment” after it “induced” her to “surrender her constitutional rights.” Whatever the merits of these arguments, there are two good reasons why we should not address them. First, Elizalde-Adame raises the arguments for the first time in her reply brief, and we ordinarily do not consider such arguments. See United States v. Suter, 755 F.2d 523, 527 (7th Cir.1985). Second, even if we were to overlook this, we still could not consider the claims because they are based on factual material outside of the record which was never presented to the district court. See United States v. Phillips, 914 F.2d 835, 840 (7th Cir.1990); United States v. Gonsalves, 735 F.2d 638, 641 (1st Cir.1984); United States v. Gaertner, 583 F.2d 308, 312 (7th Cir.1978). Elizalde-Adame moved under Fed. R.App. P. 10(e) to supplement the record with letters exchanged between her attorney and the attorney for the government during plea negotiations which discussed the preservation of her right to appeal the suppression motion. The district court denied the motion, correctly noting that Rule 10(e) does not allow a party to add materials to the record on appeal which were not before the district court. See United States v. Alcantar, 83 F.3d 185, 191 (7th Cir.1996); United States v. Hillsberg, 812 F.2d 328, 336 (7th Cir.1987). Elizalde-Adame then[*641] made the same motion to this Court, and met with the same result. The purpose of Rule 10(e) is to ensure that the record on appeal accurately reflects the proceedings in the trial court (thereby allowing us to review the decision that the trial court made in light of the information that was actually before it), not to enable the losing party to add new material to the record in order to collaterally attack the trial court’s judgment. Therefore, because they rely on undocketed material, we cannot consider Elizalde-Adame’s due process and es-toppel claims.

CONCLUSION

Because Elizalde-Adame did not reserve the right to appeal the denial of her motion to suppress when she pled guilty, we lack jurisdiction to hear this appeal. Therefore, we Dismiss the appeal.