United States Seventh Circuit

Conviction for possession with intent to distribute more than fifty grams of crack is reversed where defendant made a substantial preliminary showing that the search of his home was unlawful pursuant to the Supreme Court's decision in Franks, which entitled him to a hearing to challenge the veracity of the affidavit used to procure the search warrant.

Appellate Information

• Argued 05/03/2006
• Decided 09/27/2006
• Published 09/27/2006

Judges

• WILLIAMS, Circuit Judge., Before FLAUM, Chief Judge, and EVANS and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Cynthia J. Ridgeway (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee., James C. McKinley (argued), Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellant.