United States v. Tony Currie, 2014 U.S. App. LEXIS 474

Confidential source (CS) cooperated after arrest and made three controlled purchases of crack cocaine from Currie in March 2010; the first purchase was audiovisually recorded and the others were audio recorded and preceded by monitored calls.
Based on those buys, agents obtained a May 2010 warrant to search Currie’s residence; the search uncovered a loaded revolver and drug-trafficking indicia.
Currie was indicted on narcotics and felon-in-possession charges; he moved to suppress the search results, arguing the warrant affidavit failed to establish the CS’s reliability and that the affidavit contained misleading statements (seeking a Franks hearing).
The district court denied suppression without an evidentiary hearing, finding recordings corroborated the CS and that Currie made only generalized, conclusory allegations of falsehoods.
Currie pleaded guilty reserving the right to appeal suppression; at sentencing (March 2012) the court and parties assumed a 10-year statutory minimum applied, but the Fair Sentencing Act (FSA) actually reduced the minimum to 5 years and the Supreme Court later clarified in Dorsey that the FSA applies to defendants sentenced after its effective date.
The Seventh Circuit affirmed the denial of suppression but ordered a limited remand to ask the sentencing judge whether she would have imposed the same 121-month sentence knowing the applicable statutory minimum was five rather than ten years.

Issue	Currie’s Argument	Government’s Argument	Held
Sufficiency of warrant affidavit / need for CS testimony	Affidavit failed to establish CS reliability; court needed live CS testimony to support probable cause	Recordings and monitored calls corroborated CS; affidavit detailed agent’s review—no live testimony required	Affidavit sufficient on its face; no Franks hearing warranted absent a substantial, particularized showing of deliberate/reckless falsehoods; suppression denial affirmed
Sentencing error re: Fair Sentencing Act minimum	Court plainly erred by treating Currie as subject to a 10‑year minimum; prejudice unclear—requests resentencing	Court argued its statement that 121 months was "reasonable" shows it would have imposed same term regardless	Error was plain (post-Dorsey); remand ordered for the district judge to state whether she would have imposed the same sentence knowing a 5‑year minimum applied; jurisdiction retained pending limited remand

Illinois v. Gates, 462 U.S. 213 (totality-of-the-circumstances test for probable cause)
Franks v. Delaware, 438 U.S. 154 (entitlement to evidentiary hearing when defendant makes substantial, particularized showing of deliberate/reckless false statements in affidavit)
United States v. Fisher, 635 F.3d 336 (7th Cir. treatment of FSA timing prior to Dorsey)
Dorsey v. United States, 132 S. Ct. 2321 (FSA applies to defendants sentenced after the Act’s effective date)
United States v. Paladino, 401 F.3d 471 (framework for assessing plain error at sentencing and when remand to sentencing judge is appropriate)
Peugh v. United States, 133 S. Ct. 2072 (Guidelines provide framework; ex post facto concerns)
Booker v. United States, 543 U.S. 220 (Guidelines rendered advisory)
Olano v. United States, 507 U.S. 725 (plain‑error standard)
United States v. Lyons, 733 F.3d 777 (statutory minima’s anchoring effect on sentencing)
United States v. Johnson, 580 F.3d 666 (Franks hearing standard; conclusory allegations insufficient)
United States v. Norris, 640 F.3d 295 (reiterating Franks requirements)
United States v. Searcy, 664 F.3d 1119 (factors for informant credibility assessment)