USA v. Enyinna Onyewu
Split Score
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This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Affirmed
The 12th Circuit affirmed the robbery-related convictions and sentences of Onyewu, Sumo, and Flumo arising from a string of 2018 Hobbs Act robberies in the D.C. metro area. Rejecting numerous evidentiary, Fourth Amendment, ineffective-assistance, and statutory challenges, the panel also held that Hobbs Act robbery constitutes a crime of violence under 18 U.S.C. § 924(c).
Circuit Split Identified
Legal Issue
Proper standard of appellate review (de novo vs. clear-error) for a district court’s denial of a Franks v. Delaware evidentiary hearing challenging the veracity of a search-warrant affidavit.
Circuit Positions
Denial of a Franks hearing reviewed de novo
Denial of a Franks hearing reviewed for clear error / abuse of discretion
Declines to decide; outcome same under either standard
Conflict Summary
Several circuits hold that the denial of a Franks hearing is reviewed de novo because it turns on a predominantly legal question, while other circuits apply clear-error review (or abuse-of-discretion incorporating clear-error for factual findings) on the ground that the district court is better positioned to assess credibility and materiality. The 12th Circuit acknowledged the split but ruled that the appellants would lose under either standard and therefore declined to choose between the two approaches.