United States DC Circuit

Defendant's drug conspiracy conviction is affirmed where 1) the district court did not abuse its discretion in approving the prosecution's use of wiretaps to uncover the "full nature and scope" of the conspiracy; 2) the trial court did not err in failing to hold a Franks v. Delaware hearing, since the information defendant asserted was omitted from certain affidavits was not material; and 3) the district court properly admitted the testimony pertaining to defendant's incarceration from 2003 to 2005 as direct evidence of the charged offense.

Appellate Information

• Argued 01/11/2010
• Decided 04/16/2010
• Published 04/16/2010

Judges

• Before: ROGERS and GRIFFITH, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Stephen C. Leckar, appointed by the court, argued the cause and filed the briefs for appellant.


• For Appellees:
  
• SuzAnne C. Nyland, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Roy W. McLeese III, John P. Mannarino, Arvind K. Lal, and Matthew P. Cohen, Assistant U.S. Attorneys.