District court’s denial of defendant’s motion to suppress evidence found in his apartment is affirmed where: 1) defendant was not deprived of a fair Franks hearing as the district court’s evidentiary rulings on defendant’s questions regarding a confidential informant and a tipster were either within the court’s discretion or did not have a material effect on the outcome of the proceeding; and 2) the district court was correct in finding that adequate probable cause supported the warrant.     

Read US v. Wilburn, No. 08-1541

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Western DivisionArgued April 8, 2009Decided September 14, 2009

Judges

Before Easterbrook, Chief Judge, and Kanne and Williams, Circuit Judges 

Opinion by Williams, Circuit Judge

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