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.
Read US v. Johnson, No. 08-3541
Appellate Information
Appeal from the United States District Court for the Central District of Illinois.Argued May 11, 2009Decided September 4, 2009
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