873 F.3d 570
7th Cir.2017Background
- Bradley Dearborn pled guilty to two counts of distributing crack cocaine; indictment also included conspiracy and possession-with-intent counts later dismissed.
- Police conducted controlled buys and obtained a state search warrant; agents seized ~60 grams of crack and marked bills; Dearborn admitted buying and reselling crack.
- Dearborn moved for a Franks hearing, arguing Officer Lindsey May omitted material reliability and identification details in the warrant affidavit; district court denied the Franks request as insubstantial.
- At initial sentencing the parties reserved Dearborn’s right to appeal suppression denial; appellate remand (per Thompson) occurred solely to correct supervised-release conditions.
- On remand Dearborn raised new and recycled arguments (including alleged grand-jury misconduct and officer credibility) but did not clearly seek to reopen the suppression ruling; district court reimposed the same 172-month sentence.
- Dearborn separately sought immediate transfer from county jail to federal prison under the Interstate Agreement on Detainers; the district court denied the motion, but the transfer later occurred, rendering that appeal moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court should reconsider and grant a Franks hearing on remand | Dearborn: newly alleged evidence (Officer May found not credible in unrelated 2015 case) justifies reopening suppression issues | Govt: issues waived on remand; no showing of materially false affidavit statements or reckless intent; new credibility claim is unsupported | Waived/Denied — Court affirmed: Dearborn failed to present evidence meeting Franks preliminary showing; unrelated later credibility findings do not prove earlier affidavit falsity |
| Whether remand under Thompson allows relitigation of earlier suppression denial | Dearborn: remand permits reconsideration of suppression | Govt: Thompson remand limited to sentencing issues; claims that could have been appealed are waived | Denied — Thompson remand does not entitle defendant to relitigate guilt-related suppression absent extraordinary circumstances |
| Whether district court abused discretion by reimposing original sentence on remand | Dearborn: raised various arguments seeking different sentence | Govt: re-sentencing confined to mandate; district court properly declined irrelevant/new guilt issues | Affirmed — district court acted within the scope of remand and sentencing discretion |
| Whether continued detention at county jail violated Interstate Agreement on Detainers / due process | Dearborn (pro se): detention pending state charges violated rights and IAOD | Govt: BOP may house defendant at state facility under 18 U.S.C. § 3623; transfer not required immediately | Moot — later transfer to federal facility rendered appeal dismissed |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (establishes standard for warrant-affidavit falsity and entitlement to hearing)
- United States v. Thompson, 777 F.3d 368 (7th Cir. 2015) (remand to correct supervised-release conditions)
- United States v. Whitlow, 740 F.3d 433 (7th Cir. 2014) (issues not raised on initial appeal are generally waived on remand)
- United States v. Mobley, 833 F.3d 797 (7th Cir. 2016) (Thompson remand may allow new arguments only as necessary to effectuate sentencing intent)
- United States v. Barnes, 660 F.3d 1000 (7th Cir. 2011) (scope of district court authority on resentencing after remand)
- United States v. Buckley, 251 F.3d 668 (7th Cir. 2001) (extraordinary circumstances required to reopen suppression ruling)
- United States v. Mullins, 803 F.3d 858 (7th Cir. 2015) (Franks preliminary-showing elements explained)
- United States v. Chapman, 694 F.3d 908 (7th Cir. 2012) (unsupported attorney statements or allegations are not substitute for evidence)