United States v. Franks

ROGERS, Circuit Judge.

While investigating Terry Gardner for cocaine trafficking, agents of the Federal Bureau of Investigation (the “FBI”) taped telephone conversations between Gardner and another man, a number of which ostensibly concerned the sale of Tire Wet, car wax, and air freshener. After his arrest, Gardner identified the other party as Joseph Franks, the defendant/appellant. Gardner claimed that he regularly distributed cocaine to Franks, and he explained that Tire Wet, car wax, and air freshener were code words for cocaine. A jury convicted Franks of conspiracy to distribute cocaine…