Opinion · Court of Appeals for the Ninth Circuit
United States v. Stanert
769 F.2d 1410
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1985-08-28
- Topic
- general
requiring “that the defendant make a substantial showing that the affiant intentionally or recklessly omitted facts required to prevent technically true statements in the affidavit from, being misleading” to warrant a hearing under Franks
Citator
- Cited by
- 28 opinions
UNITED STATES v. STANERT,769 F.2d 1410(9th Cir. 1985)
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. STANLEY MILLS STANERT,
DEFENDANT-APPELLANT.
No. 84-5128.
United States Court of Appeals, Ninth Circuit.
August 28, 1985.
Craig E. Weinerman, San Diego, Cal., for defendant-appellant.
Before GOODWIN, POOLE, and BOOCHEVER, Circuit Judges.
[1] ORDER
[2] The opinion in this case, which was filed June 5, 1985,762 F.2d 775, is amended by adding a footnote 1 at the end of the third full paragraph in Part III, at p. 780, beginning, "In his motion for an evidentiary hearing before the district judge. . . ." Footnote 1 shall read:
The question whether a defendant has made a sufficient preliminary showing to entitle him to aFranks[v. Delaware,438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978)] hearing is reviewabledenovo. United States v. Ritter,752 F.2d 435, 439 (9th Cir. 1985).
[3] As amended, the panel has unanimously voted to deny the petition for rehearing. The mandate shall issue in accordance with Fed.R.App.P. 41(a).