Background
Freddie Franklin appealed his sentence after the district court revoked his term of supervised release. His counsel subsequently moved to withdraw from the case.
The court’s reasoning
The court concluded that the district court did not abuse its discretion in sentencing Franklin or in ordering the sentence to be served consecutively to any state court sentences. The court noted that disagreement with how factors were weighed does not demonstrate an abuse of discretion. The court declined to consider an ineffective-assistance-of-counsel claim on direct appeal because the record was not fully developed.
What it means going forward
The sentence stands as imposed, and the defendant’s current counsel is no longer required to represent him in this appeal.
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