United States v. Kendrick, No. 19-30375 (5th Cir. 2020)Annotate this Case
The Fifth Circuit treated the petition for rehearing en banc as a petition for panel rehearing, denied the petition for panel rehearing, and denied the petition for rehearing en banc. The court withdrew its prior opinion and substituted the following opinion.
The court affirmed the district court's judgment, holding that the district court did not err in denying defendant's motion to suppress where probable cause still exists even if the allegedly false statements are excised in the Title III wiretap affidavit; district court did not err in denying defendant's request for a Franks hearing; the evidence was sufficient to support his drug conspiracy conviction where a rational trier of fact could have found that defendant conspired with others to distribute crack cocaine; and the district court did not err by applying a firearm enhancement and an Armed Career Criminal Offender enhancement to defendant's sentence. The court dismissed the Sixth Amendment claim of ineffective counsel without prejudice because defendant did not preserve this challenge for direct appeal.
This opinion or order relates to an opinion or order originally issued on July 24, 2020.