United States v. Albert Franklin, Jr.
622 F. App'x 501
6th Cir.2015Background
- Defendant Albert Franklin, Jr. was charged with conspiracy to possess with intent to distribute Oxycodone, being a felon in possession of a firearm, and brandishing a firearm during a drug-trafficking crime; convicted on all counts and sentenced to 360 months total.
- The charges arose from an undercover reverse drug operation by the Nashville Police, involving confidential informant Kirkup and co-conspirator Griffin, to arrange a sale at Mustang Sally’s Bar owned by Franklin.
- During the January 26, 2010 transaction, Franklin allegedly pointed a gun at Kirkup inside the bar; officers later recovered a revolver behind a wall, and a witness testified to the gunpoint incident.
- Franklin testified he intended to buy Oxycodone and that Griffin arranged the deal but denied possessing or displaying a gun, claiming he grabbed a stapler for safety.
- On appeal, Franklin challenges the Speedy Trial Act handling, suppression of the search warrant, requests a Franks hearing, and challenges sufficiency of the evidence; the court affirms conviction, vacates sentence, and remands for re-sentencing in light of Johnson v. United States.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy Trial Act applicability | Franklin contends exclusion periods were improper. | Franklin argues prejudicial delay violated the Act or was unjustified. | No violation; delay excluded, no actual prejudice shown |
| Suppression of warrant and Franks hearing | Affidavit failed to show probable cause; Franks hearing warranted. | Affidavit sufficient; Franks hearing unnecessary. | Probable cause supported; no Franks hearing required |
| Sufficiency of the evidence for conspiracy and firearms | Evidence shows an agreement to possess with intent to distribute Oxycodone and firearm involvement. | Evidence insufficient to prove an actual conspiratorial agreement and gun connection. | Sufficient evidence supports conspiracy and gun charges |
| ACCA sentencing and Johnson remand | Franklin properly sentenced under ACCA as armed career criminal. | Residual clause invalidated; Johnson requires resentencing. | Johnson invalidates the residual clause; remand for resentencing |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances probable cause standard)
- United States v. Helton, 314 F.3d 812 (6th Cir. 2003) (probable cause in warrant affidavits; corroboration allowed)
- United States v. McCraven, 401 F.3d 693 (6th Cir. 2005) (informant reliability may be shown by corroboration)
- United States v. Smith, 182 F.3d 473 (6th Cir. 1999) (reliability evidenced by past experience and corroboration)
- United States v. Fowler, 535 F.3d 408 (6th Cir. 2008) (omitted informant information insufficient alone for Franks)
- United States v. Gardner, 488 F.3d 700 (6th Cir. 2007) (Speedy Trial Act prejudice standard; ends-of-justice determinations)
- Johnson v. United States, 135 S. Ct. 2551 (2015) (ACCA residual clause invalid as void for vagueness)
- United States v. Newsom, 452 F.3d 593 (6th Cir. 2006) (sufficiency of circumstantial evidence to prove conspiracy)
- United States v. Pritchett, 749 F.3d 417 (6th Cir. 2014) (standard for sufficiency review)