United States Eighth Circuit

Defendant's drug and firearm possession conviction are affirmed where: 1) defendant's prior Missouri conviction was a sufficient predicate for his 18 U.S.C. section 922(g)(1) conviction, despite its expungement; 2) defendant was not entitled to a Franks hearing because he did not make a substantial preliminary showing; and 3) defendant knowingly and voluntarily waived his rights to appeal the firearm enhancement and the career offender status in exchange for a 140-month sentence.

Appellate Information

• Decided 03/11/2010
• Published 03/11/2010

Judges

Court

• United States Eighth Circuit

Counsel