United States v. Carnahan, No. 11-3600 (8th Cir. 2012)
Annotate this CaseAppellant entered a conditional guilty plea to charges that he conspired to distribute at least five kilograms of cocaine and 100 kilograms of marijuana and possessed a firearm in furtherance of a drug trafficking crime. Appellant appealed district court orders denying his motions to suppress evidence and for a Franks hearing, and his request to plead guilty to the conspiracy charge without admitting drug quantities alleged in the indictment. The Eighth Circuit Court of Appeals affirmed, holding (1) the motion to suppress was properly denied; (2) the district court did not abuse its discretion in denying a Franks hearing; and (3) the district court properly denied Defendant's plea motion under United States v. Brown.
Court Description: Criminal case - Criminal law. District court did not abuse its discretion by denying defendant's request for a Franks hearing; warrant affidavits were not stale and established probable cause to believe that contraband would be found; drug quantity is an element of the offense when it increases the statutory maximum sentence and it was not error to deny defendant's request to plead guilty without admitting drug quantity.
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