United States Court of Appeals For the First Circuit

No. 02-1938

UNITED STATES OF AMERICA,

Appellee,

v.

JOHN B. STEWART,

Defendant, Appellant.

Before

Lynch, Circuit Judge, Coffin and Porfilio,1 Senior Circuit Judges.

ERRATA

The opinion of the court issued on July 29,2003, is amended as follows:

On page 8, line 7: delete "has the obligation" and substitute "should"

On page 8, line 8: delete "to"

On page 8, line 14: insert the following footnote after "cause."

Although we urge full disclosure of all non-trivial information available to law enforcement, this does not alter the longstanding materiality test for a Franks hearing. An evidentiary hearing is required only if the defendant is able to show that alleged misstatements or omissions are material to the probable cause determination.

1 Of the Tenth Circuit, sitting by designation.