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U.S. v. McDUFFY

No. 10-1022.

636 F.3d 361 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Andrew C. McDUFFY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 7, 2011.

Attorney(s) appearing for the Case

Sara Darrow , Linda L. Mullen (argued), Office of the United States Attorney, Rock Island, IL, for Plaintiff-Appellee.

George F. Taseff (argued), Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.

Before POSNER, ROVNER, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

Police executed a warrant to search Andrew McDuffy's home for marijuana and other drugs. They found not marijuana but 11 grams of crack cocaine. McDuffy pled guilty to possessing with intent to distribute five grams or more of crack cocaine in violation of 21 U.S.C. § 841(a)(1). His conditional guilty plea preserved his right to appeal the district court's denial of his request for a Franks hearing to contest allegedly misleading...

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