DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
032859P.pdf 07/30/2004 USA v. Anthony Lucca
U.S. Court of Appeals Case No: 03-2859
District of Minnesota
Criminal case - criminal law. Officer's testimony at suppression
hearing was not internally inconsistent, nor did it lead to an inference the
officer had falsified the information presented to the judge issuing the
warrant in the case, and the district court did not err in denying
defendant's request for a Franks hearing; claim that newly discovered
evidence should result in a remand for a Franks hearing rejected, as the
newly discovered evidence did not amount to a substantial preliminary
showing of intentional or reckless falsehoods by the officer; search
warrant was supported by probable cause; facts sufficient to support drug
quantity calculation were admitted by defendant as part of his guilty plea,
and no additional finding is required under Apprendi or Blakely in order
to justify the sentence imposed.
[PUBLISHED] [Colloton, Author, with Murphy and Smith, Circuit Judges]