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US v. Freeman, No. 09-3640

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By FindLaw Staff on November 12, 2010 4:05 PM

Crack Conviction Affirmed

In US v. Freeman, No. 09-3640, the court affirmed defendant's conviction for possession of crack cocaine with intent to distribute where 1) the district court's credibility finding was amply supported by the testimony at the suppression hearing, as well as the lack of a substantial showing by defendant to the contrary; and 2) defendant could not move to renew his suppression motion at or before the trial, the accepted way to urge a trial court to reconsider its denial of a pretrial motion, because his guilty plea ended the guilt-determination phase of the proceedings.

As the court wrote:  "Clifton Freeman was charged with possession of crack cocaine with intent to distribute and moved to suppress evidence gathered during a warrant search of his
residence. The district court denied the motion following a suppression hearing under Franks v. Delaware, 438 U.S. 154 (1978). After Freeman entered a conditional guilty plea, the district court denied his motion for a "rehearing" of the suppression issues. Freeman appeals both rulings. We affirm."

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