U.S. First Circuit - The FindLaw 1st Circuit Court of Appeals News and Information Blog

US v. Franklin, 09-1529

Crack cocaine conviction

US v. Franklin, 09-1529, concerned a challenge to a conviction of defendant for several charges stemming from the sale of crack cocaine and the possession of both drugs and ammunition.  In affirming, the court held that the district court adequately addressed an admitted Speedy Trial Act violation by dismissing defendant's charges without prejudice as the record reveals a serious crime, a somewhat lengthy but innocuous delay, a just sanction, and no harm to defendant.  The court also held that defendant's conviction was properly based in part on a vehicle search that was legal in every respect.

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