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]