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United States Seventh Circuit


US v. Franklin, 06-4109

Conviction and sentence for possession of cocaine with intent to distribute and carrying a firearm during a drug-trafficking crime are affirmed over objections regarding: 1) sufficiency of the indictment; 2) voluntariness of defendant's guilty plea; 3) denial of a motion to suppress evidence discovered as the result of a traffic stop; 4) trial court's failure to appoint separate counsel to represent defendant at two hearings in which his own counsel moved to withdraw; 5) whether the police search of defendant's car exceeded the scope of probable cause; 6) constitutionality of mandatory-minimum sentences; and 7) whether prior convictions used in sentencing were required to be proven to a jury.

Appellate Information

  • Decided 10/27/2008
  • Published 10/27/2008

Judges

  • FLAUM, Circuit Judge., Before POSNER, FLAUM, and EVANS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Barry D. Glickman (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee., Susan Kister (argued), St. Louis, MO, for Defendant-Appellant.
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