United States Seventh Circuit

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US v. Johnson, 08-3541

District court's sentence and conviction of defendant on drug related offenses is affirmed where: 1) district court did not err in denying defendant's request for a Franks hearing to determine the veracity of the warrant as defendant has not established that any of the alleged falsities in officer's affidavit were made intentionally or recklessly; and 2) district court did not err in using other mitigating factors to further reduce defendant's sentence, as section 3553(e) prohibited the district court from reducing his sentence for any factor beyond his substantial assistance to the government.

Appellate Information

  • Argued 05/11/2009
  • Decided 09/04/2009
  • Published 09/04/2009

Judges

  • KANNE, Circuit Judge., Before CUDAHY, POSNER, and KANNE, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Richard Cox (argued), Office of The United States Attorney, Urbana, IL, for Plaintiff-Appellee., Mark E. Wertz, Attorney (argued), Vonachen, Lawless, Trager & Slevin, Peoria, IL, for Defendant-Appellant.