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U.S. v. MOODY

No. 18-4213.

931 F.3d 366 (2019)

UNITED STATES of America, Plaintiff - Appellee, v. Benitez Auguarius MOODY, Defendant - Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 29, 2019.

Attorney(s) appearing for the Case

ARGUED: James R. Theuer , JAMES R. THEUER, PLLC, Norfolk, Virginia, for Appellant. Daniel Taylor Young , OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. ON BRIEF: G. Zachary Terwilliger , United States Attorney, Alexandria, Virginia, Sherrie S. Capotosto , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

Affirmed by published opinion. Judge Richardson wrote the opinion, in which Judge Motz and Judge Agee concurred.

After a jury convicted Benitez Auguarius Moody of federal drug and firearm offenses, he sought an evidentiary hearing to challenge a facially sufficient search warrant affidavit. Such hearings are called "Franks hearings," named for the Supreme Court's decision permitting them in Franks v. Delaware,

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